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Form a Business

CHILD SUPPORT ENFORCEMENT

M.G.L. pt. Part I, tit. Title XVII, ch. c. 119A
in effect

M.G.L. c. 119A, § 1 Child support enforcement program; public policy; remedies; commission established; department of revenue as IV–D agency

c. 119A, § 1. Child support enforcement program; public policy; remedies; commission established; department of revenue as IV–D agency Section 1. It is the public policy of the commonwealth that dependent children shall be maintained, as completely as possible, from the resources of their parents, thereby relieving or avoiding, at least in part, the burden borne by the citizens of the commonwealth. It is hereby declared to be against the public policy of the commonwealth for a court of competent jurisdiction to enforce an agreement between parents if enforcement of the agreement prevents an adjustment or modification of a child support obligation when such adjustment or modification is required to ensure that the allocation of parental resources continues to be fair and reasonable and in the best interests of the child. The existing remedies pertaining to the support of dependent children are to be augmented by the additional remedies provided in this chapter so as to establish a comprehensive and effective child support enforcement program through expedited processes for obtaining, modifying and enforcing child support orders, including orders for health care coverage, and establishing paternity. This chapter shall be liberally construed to effectuate the policy stated herein. There is hereby established within the executive office for administration and finance, the child support enforcement commission. Said commission shall consist of six members who shall be the secretary of the executive office for administration and finance who shall serve as chairman, the commissioner of revenue, the attorney general, the chief justice of the trial court, the commissioner of public welfare and a district attorney who shall be designated by the governor. Said commission shall monitor the child support enforcement system of the commonwealth and shall, from time to time, advise the IV–D agency and other agencies of the commonwealth, including the appropriate divisions of the trial court department, in matters for the improvement of the child support enforcement system of the commonwealth. The department of revenue shall be the single state agency within the commonwealth that is designated the IV–D agency pursuant to Title IV, Part D of the Social Security Act and hereinafter in this chapter shall be referred to as the IV–D agency. The commissioner of revenue shall establish a division of child support enforcement which shall be provided, subject to appropriation, with such resources as may be necessary to implement the provisions of this chapter. Nothing in this chapter shall be construed to limit the authority of the commissioner to delegate to the IV–D agency any child support enforcement powers or duties assigned to him under any provision of law. Said commissioner may promulgate regulations for the effective administration of the child support enforcement program.

M.G.L. c. 119A, § 1A Definitions

c. 119A, § 1A. Definitions Section 1A. For purposes of administering the child support enforcement program pursuant to this chapter, the following terms shall have the following meanings: ''Business day'', a day on which offices of the commonwealth are open for regular business. ''Employee'', an individual who performs any service, of whatever nature, for wages or other compensation, including services (i) under an independent contractor arrangement, (ii) as an officer of a corporation, or (iii) as an officer, employee or elected official of the United States, a state, or any political subdivision thereof, or any city or town, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing; and any person included under chapter 24 of the Internal Revenue Code. ''Employer'', the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that— (a) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term ''employer'' means the person having control of the payment of such wages, and (b) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term ''employer'' means such person. ''Employer'' shall include the United States, a state, or any political subdivision thereof, or city or town, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing, and any person included under section 3401(d) of the Internal Revenue Code of 1986. ''Employer'' shall also include any entity also known as a hiring hall, which is used by a labor organization described in section 2(5) of the National Labor Relations Act 29 USC 152(5) and an employer to carry out requirements of agreements that require the employer to notify the labor organization of opportunities for employment with such employer, or that give such labor organization an opportunity to refer qualified applicants for such employment, and any entity through which a labor organization provides health care coverage or other benefits to its members. ''Income'', any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, unemployment and workers' compensation, disability payments, payments pursuant to a pension or retirement plan, military pay, other payments made in lieu of periodic payments including severance pay and salary advance, and interest. ''IV–D services'', child support enforcement services provided by the IV–D agency relating to the location of obligees and obligors, the establishment of paternity or the establishment, modification, or enforcement of child support obligations and health care coverage, the collection and disbursement of child support payments, and any other services and responsibilities required by Title IV, Part D of the Social Security Act, as appropriate, with respect to each child for whom public assistance is provided under Title IV, Parts A and E, and Title XIX, of the Social Security Act, or under other public assistance programs as required by federal or state law, or for whom such assistance was provided and the IV–D agency continues to provide child support enforcement services; and any other child, if an individual applies for such services with respect to the child. ''Obligee'', an individual to whom support is or may be owed or in whose favor a support order has been issued or a judgment of paternity has been, or may be, rendered or a state or political subdivision to which rights under a child support obligation have been assigned or which has independent claims based on financial assistance provided to an individual obligee. ''Obligor'', an individual, or the estate of a decedent, who owes or may owe a duty of support, or who is liable under a child support obligation, or who is alleged, by sworn statement, to be the parent of a child to whom a duty of support is owed. ''Pension or retirement plan'', any program providing payments or benefits to former employees, including programs pursuant to the Employee Retirement Income Security Act, 29 USC 1001, et seq.; any other private pension or retirement program, including intrastate pension plans and church pension plans; any federal employee retirement system pursuant to 5 USC 8401, et seq., civil service retirement and disability system pursuant to 5 USC 8301, et seq., or United States military pension or retirement plan pursuant to Title 10, Subtitles A, B, C and D of the United States Code; any program pursuant to chapter 484 of the acts of 1950; and any other public contributory retirement system, pursuant to any other codified or uncodified statute, for the benefit of employees of any governmental unit or political subdivision of the commonwealth, any district or public unit created within one or more political subdivisions of the commonwealth for the purpose of providing public services or conveniences, any public school district, the general court, the judiciary, any military department of the commonwealth, any public commission or board, any public authority including the Massachusetts Bay Transportation Authority, the Massachusetts Department of Transportation, the Massachusetts Port Authority and any municipal or regional housing authority, or any other public entity. ''Support order'', a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, which provides for monetary support, health care coverage, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other monetary relief. For purposes of enforcement only, ''support order'' includes an order for the support of a parent with whom the child is living.

M.G.L. c. 119A, § 2 Services provided; enforcement of subrogation rights; collection of support payments; publicizing services available

c. 119A, § 2. Services provided; enforcement of subrogation rights; collection of support payments; publicizing services available Section 2. (a) In accordance with the provisions of Title IV, Part D of the Social Security Act, the IV–D agency shall provide IV–D services to children and families, whether or not they are recipients of public assistance, to establish, modify, and enforce child support obligations. Said services shall include, through the use of expedited administrative and judicial procedures, the location of obligees and obligors, the establishment of paternity, the establishment, modification, and enforcement of child support orders, including orders for health care coverage, the collection and disbursement of support payments, the enforcement of support orders through civil and criminal proceedings, including criminal contempt and criminal prosecution for failure to pay support, and any other services or responsibilities required by said Title IV, Part D and this chapter. Said IV–D agency shall accept applications for services from individuals seeking to establish, modify, or enforce orders of child support, including orders for health care coverage, with respect to a child who is not a recipient of public assistance, and may charge a fee for such services which shall be established pursuant to the provisions of section 3B of chapter 7, subject to the provisions of federal law. The IV–D agency shall also enforce the subrogation rights of the department of transitional assistance under section 21 of chapter 18, the subrogation rights of the department of children and families under section 23 of chapter 119, and the subrogation rights of the division of medical assistance under section 23 of chapter 118E, and shall provide IV–D services for each child for whom assistance is provided pursuant to Title IV, Parts A and E, and Title XIX of the Social Security Act, or other public assistance programs as required by federal or state law, and for whom such assistance has been provided. In enforcing such subrogation rights, the IV–D agency may proceed to establish a support order pursuant to section 32F of chapter 209, or to establish paternity or a support order pursuant to chapter 209C, notwithstanding the failure of the obligee whose rights to support have been subrogated to the commonwealth to attend a hearing in an action pursuant to said chapters, upon a showing that written notice of the hearing was provided to the obligee by first class mail to the most recent residential address that the obligee has provided to the department of transitional assistance, the department of children and families or the division of medical assistance. Pursuant to section 18A of chapter 18, the IV–D agency shall make the determination and redetermination at appropriate intervals as to whether an individual who has applied for or is receiving assistance under Part A or Title XIX of the Social Security Act is cooperating in good faith with the IV–D agency in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the individual by providing the IV–D agency with the name of and such other information with respect to the noncustodial parent of the child, as required by regulation promulgated by the commissioner of revenue and subject to good cause and other exceptions determined by the department of transitional assistance and the division of medical assistance. IV–D services shall be made available to residents of other states and to residents of foreign reciprocating countries on the same basis as to residents of the commonwealth, provided there is jurisdiction over the parties, their income or assets; provided further that no application will be required from, and no costs for such services will be assessed against, the foreign reciprocating country or foreign obligee; provided, however, that costs may be assessed against the obligor. The IV–D agency shall enforce any support obligation established with respect to the custodial parent of a child receiving IV–D services from the IV–D agency; provided, however, the IV–D agency is not required to establish or modify a support obligation with respect to such custodial parent. (b) The first priority of the IV–D agency with regard to the enforcement of the subrogation rights of the department of transitional assistance shall be the collection of sufficient support payments on behalf of recipients of public assistance to enable such recipients to live independently of public assistance; provided, however, that the department of transitional assistance is authorized to receive support payments made on behalf of a current recipient, or on behalf of a former recipient for arrearages owed to the department of transitional assistance, only to the extent required by the provisions of Title IV, Part D of the Social Security Act. (c) In carrying out said responsibilities, the IV–D agency may expend such funds necessary for public information, including paid advertisements and outreach programs to advise the public of the services available through the agency to establish, modify, or enforce orders of child support, and to publicize the availability and to encourage the use of procedures for voluntary acknowledgment of paternity and of other IV–D services. Any penalty, fee or interest that this chapter authorizes to be assessed by the IV–D agency shall be collected and enforced by any means authorized under this chapter for the enforcement and collection of child support. Upon collection, a penalty or fee shall be retained by the IV–D agency; but, the penalty or fee shall be placed in the child support trust fund established pursuant to Section 9. Upon collection, interest shall be distributed to the individual obligee on whose behalf the collection was made.

M.G.L. c. 119A, § 2A Intimidation of officers or employees; obstruction; penalties

c. 119A, § 2A. Intimidation of officers or employees; obstruction; penalties Section 2A. Whoever willfully corrupts or by force or threats of force, including any threatening letter or communication, attempts to intimidate or impede an officer or employee of the commonwealth acting in an official capacity under this chapter, or in any other way corrupts or by force or threats of force, including any threatening letter or communication, obstructs or impedes, or attempts to obstruct or impede, the due administration of this chapter, shall, upon conviction thereof, be punished by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both; provided, however, if the offense is committed only by threats of force, the person convicted thereof shall be punished by a fine of not more than three thousand dollars or by imprisonment for not more than one year, or both. The term ''threats of force'', as used in this subsection, shall mean threats of bodily harm to the officer or employee of the commonwealth or to a member of his family.

M.G.L. c. 119A, § 3 Actions to enforce subrogation rights; notice

c. 119A, § 3. Actions to enforce subrogation rights; notice Section 3. (a) In enforcing the subrogation rights of the department of transitional assistance, the department of children and families and the division of medical assistance, the IV–D agency may file an action either in the name of the recipient of public assistance or in the name of the department or both. Upon the request of an individual who is not a recipient of public assistance, the IV–D agency may file an action in the name of the individual. The provision of IV–D services under this chapter, which shall include services by an attorney employed by, under contract to, or representing the IV–D agency, shall create an attorney-client relationship with the IV–D agency and not the individual who may benefit from the service; provided, however, that the confidentiality of information furnished by any such individual shall be protected from disclosure to the extent provided by federal and state law. (b) The IV–D agency shall provide notice by first class mail to the address in the state case registry as set forth in rule 4(d)(2) of the Massachusetts Rules of Domestic Relations Procedure to individuals who have applied for or are receiving IV–D services, or who are parties to cases in which IV–D services are being provided, of all complaints and motions which the IV–D agency files or of proceedings of which the IV–D agency receives notice pursuant to court rule, in which support obligations might be established or modified, and the IV–D agency or the issuing court shall provide a copy of any order establishing or modifying a child support obligation, or, in the case of a request for modification made by either parent, a notice of determination that there should be no change in the amount of the child support award, within 14 days after issuance of such order or determination. (c) The IV–D agency may use any method available to a private party to collect support, including the following: (1) if no support order is outstanding, the IV–D agency may seek to obtain a support order on any outstanding complaint for divorce, separate support, paternity or support or on any petition filed pursuant to section 24 of chapter 119; (2) the IV–D agency may seek to obtain a modification of any outstanding court order for support, including health care coverage, on a complaint or judgment of divorce, separate support, paternity or support or may modify the order pursuant to section 3B; (3) the IV–D agency may institute contempt proceedings under section 34A of chapter 215 to compel compliance with a court order or may institute proceedings to seek entry of a qualified domestic relations order pursuant to the Employee Retirement Security Act, 29 U.S.C. section 1056; (4) the IV–D agency may intervene or appear in actions for divorce, separate support, paternity, support, appointment as guardian of a minor, care and protection or proceedings supplemental thereto, and in trust proceedings in which an obligor has a beneficial interest, for the purpose of advising the court as to the financial interest of the commonwealth in the action, when either or both of the parties or their child is receiving public assistance or has received public assistance or is receiving IV–D services or for the purpose of seeking a qualified domestic relations order, pursuant to said Employee Retirement Income Security Act, if an arrearage is owed to the IV–D agency pursuant to an existing court order or judgment for support; (5) if no action is pending or has been adjudicated, the IV–D agency may file an action to establish paternity and support pursuant to chapter 209C or a civil action to establish support pursuant to section 32F of chapter 209 or the IV–D agency may act to enforce a support order that has previously been issued by a court of competent jurisdiction by contempt or other proceedings; (6) the IV–D agency may apply for a complaint under chapter 273; (7) the IV–D agency may file a petition or register an order under chapter 209D; (8) the IV–D agency may file a petition under chapter 203 for the purpose of distribution of trust income; and (9) the IV–D agency may file a complaint under chapter 109A alleging a fraudulent transfer by an obligor on the basis of evidence showing a prima facie case that an obligor has transferred income or property to avoid payment of a support obligation. (d) Whenever the IV–D agency seeks to establish or enforce payment of any arrearage for past failure to pay support, it shall not seek an order which would directly or indirectly result in a decrease in the amount of the current support paid to or on behalf of the child or spouse to whom, or on whose behalf, it is owed. In an action to enforce payment of arrears or determine the current support obligation, the existence or amount of any arrears shall not be a basis for rebutting the current support obligation determined under the child support guidelines promulgated by the chief justice of the trial court.

M.G.L. c. 119A, § 3A Establishment of paternity; genetic marker tests

c. 119A, § 3A. Establishment of paternity; genetic marker tests Section 3A. In any case requiring the establishment of paternity, the IV–D agency may, on the basis of an affidavit by the mother or the putative father alleging that sexual intercourse between the mother and putative father occurred during the probable period of conception and without the necessity of obtaining an order from a court, order the mother, the child and the putative father to submit to genetic marker tests; provided, however, that the IV–D agency may order such tests only if no other man is presumed to be the father under section 6 of chapter 209C. Notice of the order shall be served on the obligor and individual obligee in accordance with rule 4(d)(2) of the Massachusetts Rules of Domestic Relations Procedure. Upon receipt of the results of the genetic marker tests, the IV–D agency may provide the parties with an opportunity to voluntarily acknowledge parentage pursuant to chapter 209C. If the parties do not voluntarily acknowledge parentage as provided in chapter 209C, the IV–D agency may commence an action to establish paternity pursuant to chapter 209C. If any party fails to appear for or refuses to submit to genetic marker tests in accordance with the order of the IV–D agency, or if any party contests the jurisdiction of the IV–D agency to issue the order for genetic marker tests, the IV–D agency shall commence an action to establish paternity pursuant to chapter 209C.

M.G.L. c. 119A, § 3B Child support orders; receipt of IV–D agency services; modification of child support; notice; jurisdiction

c. 119A, § 3B. Child support orders; receipt of IV–D agency services; modification of child support; notice; jurisdiction Section 3B. (a) With respect to a child support order in a case receiving IV–D services, every three years, or more frequently, as the commissioner may by regulation determine, upon the request of either parent, or if there is an assignment under Title IV, Part A of the Social Security Act, upon the request of the IV–D agency or either parent, the IV–D agency shall, taking into account the best interest of the child involved- (1) review and, if appropriate, prepare a proposed stipulation to modify the order in accordance with the child support guidelines if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines; provided, however, that no threshold for application of the guidelines to modifications shall apply; (2) prepare a proposed stipulation to modify the order by applying a cost-of-living adjustment to the order in accordance with a formula developed by regulation promulgated by the commissioner of revenue; or (3) use automated methods, including comparisons with wage or state income tax data or other data, to identify orders eligible for review, conduct the review, identify orders eligible for modification, and, if appropriate, prepare a proposed stipulation to modify an eligible order under any threshold for modification that may be established by regulation promulgated by the commissioner of revenue. (b) The IV–D agency shall send notice of intent to modify the order, together with the proposed stipulation to modify the order under this section, by first class mail to the address of the obligor and the individual obligee as appearing in the state case registry pursuant to section 4. The parties may accept the proposed stipulation by signing it and returning it to the IV–D agency within 30 days of the date the notice is mailed. If the parties sign and return the stipulation to the IV–D agency within 30 days of the date the notice is mailed, the IV–D agency shall file a complaint to modify the order, together with the signed stipulation, and the signed stipulation shall provide a sufficient basis for the court to modify the order in accordance with the stipulation, without any additional testimony or hearing. If any party does not sign and return the proposed stipulation to the IV–D agency within 30 days of the date the notice is mailed, or if any party contests the proposed stipulation, the IV–D agency may file a complaint to modify the order. (c) If the order that the complaint seeks to modify was entered by a probate and family court of the commonwealth, the IV–D agency shall file the complaint in the probate and family court which issued the order that the complaint seeks to modify. If the order that the complaint seeks to modify was issued by the Boston municipal court or by a district court of the commonwealth, or by a court or administrative agency of competent jurisdiction of another state and a court of the commonwealth would have jurisdiction to modify the order pursuant to chapter 209D, the IV–D agency shall file the complaint in the probate and family court located in the county in which one of the parents and the child reside or, if the child resides with neither parent, where the child resides. The IV–D agency shall provide to the parties by first class mail a copy of the modified order entered by the court, and shall enforce the order as provided by this chapter. (d) If the IV–D agency elects to conduct the review under paragraph (1) of subsection (a), and the IV–D agency determines that there is a variation between the amount of the existing order and the amount that would result upon application of the child support guidelines, the IV–D agency may issue a notice of its intent to modify the order and proposed stipulation on the basis of financial information relating to both parties available to the agency, including tax information pursuant to chapter 62C and wage reporting information pursuant to chapter 62E, in accordance with such guidelines. The notice shall identify the sources of the financial information relating to the parties that serves as the basis for the calculation of the amount of support in the proposed stipulation. (e) If the IV–D agency elects to conduct the review under paragraph (2) or (3) of subsection (a), the IV–D agency shall issue a notice to the obligor and individual obligee of its intent to modify the order and proposed stipulation. If the IV–D agency conducts the review under said paragraph (2) of said subsection (a), the notice shall specify the cost of living formula. If the IV–D agency conducts the review under said paragraph (3) of said subsection (a), the notice pursuant to subsection (b) shall specify the threshold for modification and shall identify the sources of the financial information relating to the parties, including tax information pursuant to chapter 62C and wage reporting information pursuant to chapter 62E that serves as the basis for the calculation of the amount of support in the proposed stipulation. [There is no subsection (f).] (g) Any modification of an order initiated by the IV–D agency within the three-year cycle, or such shorter cycle as the commissioner of revenue may by regulation determine, as provided in subsection (a), shall be made without a requirement for proof or showing of a change in circumstances by either parent or by the IV–D agency. In the case of a request for review and, if appropriate, a modification, made by a parent or the IV–D agency outside the three-year cycle, or such shorter cycle as the commissioner of revenue may by regulation determine, the IV–D agency shall review and, if the requesting party demonstrates a substantial change in circumstances, file a complaint to modify the order in accordance with the child support guidelines and any threshold for application of the child support guidelines to modifications shall apply. (h) The IV–D agency shall provide notice not less than once every three years to the parents subject to the order informing the parents of their right to request the IV–D agency to review and, if appropriate, modify the order as set forth herein. The notice may be included in the order of support. (i) This section shall not apply to support orders in cases not receiving IV–D services.

M.G.L. c. 119A, § 4 Statewide automated information retrieval system; state case registry; paternity and child support information; comparison and monitoring of other state and federal systems

c. 119A, § 4. Statewide automated information retrieval system; state case registry; paternity and child support information; comparison and monitoring of other state and federal systems Section 4. (a) The IV–D agency shall, subject to appropriation, employ personnel, develop automated collection, disbursement and data systems, and establish field offices to carry out its responsibilities. Said IV–D agency is also authorized to contract with other public and private agencies to carry out its responsibilities. The IV–D agency shall have in operation a single statewide automated data processing information retrieval system which has the capability to perform the tasks specified by Title IV, Part D of the Social Security Act. The automated system shall include a registry, which shall be known as the ''state case registry'', that contains records with respect to each case in which IV–D services are being provided by the IV–D agency pursuant to Title IV, Part D of the Social Security Act; and with respect to all other cases, including cases for which the IV–D agency only collects and disburses income withholding payments, each support order established or modified in the commonwealth on or after October 1, 1998. Such records for all cases shall use standardized data elements for both parents, such as names, social security numbers, dates of birth and other such information as the IV–D agency deems appropriate or as the federal secretary of health and human services may require. Each case record in the state case registry with respect to which IV–D services are being provided and with respect to which a support order has been established shall include a record of the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest or late payment penalties, and fees, due or overdue under the order; any such amounts collected; the distribution of such collected amounts; the date of birth, and beginning not later than October 1, 1999, the social security number of each child for whom the order requires the provision of support; and the amount of any lien imposed pursuant to section 6. The IV–D agency shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which IV–D services are being provided on the basis of information on administrative actions and administrative and judicial proceedings and orders relating to paternity and support, information obtained from comparison with federal, state, or local sources of information, information on support collections and distributions, and any other relevant information. With respect to all other cases in the state case registry which are not receiving IV–D services, including cases for which the IV–D agency only collects and disburses income withholding payments, the IV–D agency shall update the information required by this section upon provision of such information by the court or the parties. Each party to any paternity or child support proceeding, whether or not a recipient of IV–D services, is required, subject to privacy and safety safeguards as provided in section 5A, to file with the state case registry upon entry of an order, and to update as appropriate, information on location and identity of the party, including social security number, residential and mailing addresses, telephone number, driver's license number, and name, address, and telephone number of employer. In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court shall deem due process requirements for notice and service of process to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the state case registry. (b) The IV–D agency shall use the automated system required by this section to extract information from, to share and compare information with, subject to section 5A of this chapter, section 6103 of the Internal Revenue Code of 1986 and section 21 of chapter 62C, and to receive information from other data bases and information comparison services, in order to obtain or provide information necessary to enable the IV–D agency or other state or federal agencies to carry out the requirements of Title IV, Part D of the Social Security Act. Such information comparison activities shall include: (1) furnishing, and updating as necessary, to the Federal Case Registry of Child Support Orders information on child support cases recorded in the state case registry, including notification of expiration of orders; (2) exchanging information with the Federal Parent Locator Service; (3) exchanging information with other agencies of the state, including the wage reporting and financial institution match system of the department of revenue, and agencies of other states administering programs funded under Title IV, Part A, of the Social Security Act, programs operated pursuant to Title XIX of the Social Security Act, and other programs designated by the federal Secretary of Health and Human Services; and (4) exchanging information with other agencies, authorities, commissions, courts, counties, cities and towns of the state, companies authorized to issue policies of insurance pursuant to chapter 175, pension or retirement plans, agencies of other states, and interstate information networks, as necessary and appropriate to carry out, or assist other states to carry out, the purposes of the Social Security Act. (c) The IV–D agency shall use the automated system to the maximum extent feasible, to implement expedited administrative procedures as required by this chapter and Title IV, Part D of the Social Security Act and to assist and facilitate the collection and disbursement of support payments through the state disbursement unit as provided in section 5, through the performance of functions, including transmission of orders and notices to employers and other debtors for the withholding of income within two business days after receipt of notice of, and the income source subject to, such withholding, from a court, another state, an employer, the Federal Parent Locator Service, or another source recognized by the state, and using uniform formats as prescribed by the federal Secretary of Health and Human Services; ongoing monitoring to promptly identify failures to make timely payment of support; and automatic use of enforcement procedures where payments are not timely made. In cases receiving IV–D services, the IV–D agency shall provide reports to the obligor and the obligee of the amounts of payments received and how such payments were distributed as required by Title IV, Part D of the Social Security Act.

M.G.L. c. 119A, § 5 Collection and disbursement of child support payments; use of undisbursed payments; termination of public assistance; rights of obligee

c. 119A, § 5. Collection and disbursement of child support payments; use of undisbursed payments; termination of public assistance; rights of obligee Section 5. (a) The IV–D agency shall establish and operate a unit, which shall be known as ''the state disbursement unit'', for the collection and disbursement of payments under support orders in all cases being enforced by the IV–D agency and, on and after October 1, 1998, in all cases not receiving IV–D services in which the income of the obligor is subject to withholding pursuant to section 12; provided, however, that with respect to cases not receiving IV–D services, the IV–D agency shall be required only to collect and disburse payments and to update the state case registry based on information provided by the parties or the court, and shall not be required to enforce such orders or to take any other action unless the obligee or obligor files an application for IV–D services with the IV–D agency as provided in section 2. The state disbursement unit shall be operated directly by the IV–D agency or by a contractor responsible directly to the IV–D agency, and shall distribute collected amounts on behalf of the obligee, whether or not a recipient of public assistance, in accordance with Title IV, Part D of the Social Security Act. The state disbursement unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures for receipt of payments from parents, employers, other states, and any other source, and for disbursements to custodial parents and other obligees, the department of transitional assistance, the department of children and families, and the agencies of other states; for accurate identification of payments; to ensure prompt disbursement of the obligee's share of any payment; and to furnish any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent; provided, however, that with respect to cases not receiving IV–D services for which the IV–D agency only collects and disburses income withholding payments, the state disbursement unit shall not be required to convert and maintain in automated form records of payments kept for any period prior to October 1, 1998, or before such income withholding order was made payable to the IV–D agency. The state disbursement unit shall distribute all amounts payable within two business days after receipt from the employer or other source of periodic income, if sufficient information identifying the obligor and the obligee is provided; except that the state disbursement unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal requesting an administrative or judicial review pursuant to section 17 with respect to such arrearages. Whenever the department of transitional assistance notifies the IV–D agency that it has terminated public assistance payable to an obligee, said IV–D agency shall distribute support payments collected by the IV–D agency to the obligee in accordance with this subsection, until said IV–D agency is notified by the department of transitional assistance that such obligee is again receiving public assistance. (b) Whenever the IV–D agency closes a child support case in accordance with Part D of Title IV of the Social Security Act and the regulations promulgated thereunder because the whereabouts of the obligee are unknown, the IV–D agency shall direct the obligor, and any employer or other person remitting child support payments on behalf of the obligor, to cease remitting such payments to the IV–D agency. Thereafter the IV–D agency may, in accordance with regulations promulgated under this chapter, transfer the undisbursed payments to the department of transitional assistance to reimburse the commonwealth for arrears due for any period that public assistance was provided to the obligee or may return to the obligor any payments received by it that cannot be disbursed to the obligee because such obligee's whereabouts are unknown. The return of a child support payment to an obligor hereunder shall not affect the underlying child support obligation. The IV–D agency shall maintain any undisbursed payments, along with any payments that are unidentifiable as to either the obligee or the obligor, in the child support trust fund payments account for three years and shall attempt to locate or identify such obligee or obligor. If, at the expiration of such time the IV–D agency has been unable to locate the obligee on whose behalf the payments were remitted or has not transferred the payments to the department of transitional assistance or cannot locate the obligor in order to return the payments or has not identified the obligor or obligee of the payments and the payments remain undisbursed or unidentified, the IV–D agency may expend such funds on public awareness about teenage pregnancy, out-of-wedlock births, paternity establishment, child support and domestic violence. Such public education shall consist of efforts to provide the public, or groups within the public, with information directed specifically at preventing teenage pregnancies and pregnancies from parents not married to each other encouraging paternity establishment, including voluntary acknowledgment of parentage, promoting responsibility for child support obligations, and protecting the confidentiality of domestic violence victims receiving IV–D services. Expenditures of such funds for such purposes shall be in addition to and shall not replace existing local, state, or federal funding related to the same purposes. (c) The IV–D agency shall notify the obligee upon termination of public assistance of his eligibility to continue to receive IV–D services, and, unless requested by the obligee to terminate IV–D services, the IV–D agency shall continue to provide such services subject to the same conditions and on the same basis as in the case of other individuals to whom IV–D services are furnished, except that an application or other request to continue such IV–D services shall not be required of such a family. Whenever the department of transitional assistance notifies the IV–D agency that it proposes to terminate public assistance payable to an obligee, said IV–D agency shall take such steps as are reasonably necessary to ensure that such obligee shall receive, no later than the date the obligee would have received its next public assistance check, the support payment and any refund then due pursuant to federal law and that the obligee will continue to receive such support payments regularly until the judgment or support order is satisfied or until said IV–D agency is notified by the department of transitional assistance that such obligee is again receiving public assistance. Whenever the department of transitional assistance notifies the IV–D agency that public assistance to an obligee has been terminated for any reason other than the collection of monthly support in excess of benefits paid, said IV–D agency shall take such steps as are reasonably necessary to ensure that such obligee shall receive, no later than two weeks from the date the obligee would have received his next public assistance check, the support payment and any refund then due pursuant to federal law and that the obligee will continue to receive such support payments regularly until the judgment or support order is satisfied or until said IV–D agency is notified by the department of transitional assistance that such obligee is again receiving public assistance. Said IV–D agency shall notify the obligee of his right to request a report of the amount and distribution of all monies sent to said office on behalf of said obligee. Said IV–D agency shall also notify such obligee of his eligibility for IV–D services as a nonpublic assistance recipient and shall continue to provide any appropriate child support services unless requested by the obligee to terminate services.

M.G.L. c. 119A, § 5A Personal data; purposes for which disclosure permitted; safeguards; exceptions; unauthorized inspection or disclosure; penalties

c. 119A, § 5A. Personal data; purposes for which disclosure permitted; safeguards; exceptions; unauthorized inspection or disclosure; penalties Section 5A. (a) Personal data collected and maintained by the IV–D agency shall not be a public record under chapter 66 and access to this data shall be available only to employees of the IV–D agency and its contractors only to the extent reasonably necessary for the performance of said contractors duties; provided, however, that the IV–D agency may disclose such data for purposes connected with establishing paternity, establishing, modifying or enforcing child support obligations pursuant to this chapter and Title IV, Part D of the Social Security Act; and provided further, that subject to subsection (b), section 5B and section 21 of chapter 62C, the IV–D agency may disclose personal data- (1) to any state or federal public assistance program or to the IV–D agency of another state for purposes connected with the administration of such program or of the child support enforcement program, as authorized by Title IV, Part D of the Social Security Act and by the secretary of the federal department of health and human services; (2) for the purpose of conducting information comparisons pursuant to section 4; (3) to persons authorized to receive information from the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act; (4) as provided in section 21 of chapter 62C, section 8 of chapter 62E, and section 10 of chapter 14, to the director of the bureau of special investigations for purposes directly connected with detecting and preventing fraud in any assistance program administered by the department of transitional assistance or any program administered by the department of children and families; (5) to the department of children and families for purposes directly connected with an investigation under section 51B of chapter 119 or proceedings related to termination of parental rights or adoption; (6) as provided in section 10 of chapter 62D, for the purpose of setoff debt collection pursuant to the provisions of said chapter 62D; (7) to a person authorized in writing by the parent or, in the case of the child, by the custodial parent or legal guardian of the child, to receive such personal data; (8) for purposes directly connected to obtaining health care coverage for a child receiving IV–D services, to an employer or provider of health care coverage; (9) in the case of personal data about an individual parent, to that parent or, in the case of personal data about the child, to the custodial parent or legal guardian of the child. Before disclosing personal data pursuant to this section, the IV–D agency may require the person or agency requesting such data to verify that such data is required for a purpose permitted by this section and that such data will be used solely for such purpose. The IV–D agency shall limit disclosure to the specific data required by the person or agency to carry out a purpose permitted by this chapter. For the purposes of this chapter, ''personal data'' shall have the same meaning as provided in section 1 of chapter 66A. (b) The IV–D agency shall safeguard personal data if the IV–D agency is provided with reasonable evidence of a risk of harm. A state agency, court, IV–D agency of another state, obligor, obligee, and such other persons or entities as the IV–D agency may specify may provide the IV–D agency with reasonable evidence of a risk of harm in such manner as the IV–D agency may require. The IV–D agency shall not be required to safeguard personal data for longer than two years unless the IV–D agency is provided with reasonable evidence of a continued risk of harm in such manner as the IV–D agency may require. The IV–D agency shall notify individuals whose personal data is safeguarded under this section that in order for the safeguards to remain in effect, such individuals must provide the IV–D agency every two years with reasonable evidence of a continued risk of harm. For the purposes of this section, ''reasonable evidence of a risk of harm'' shall mean reasonable evidence that the release of information may result in physical harm to the parent or child, that the release of information may result in emotional harm to the parent or child which would significantly reduce the parent's capacity to care for the child, or would significantly reduce the parent or child's ability to function adequately, or that a protective order or restraining order has been issued on behalf of the parent or the child pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, or similar law of another jurisdiction. If the IV–D agency is provided with reasonable evidence of a risk of harm, the IV–D agency, its employees and its contractors shall not disclose any personal data that could otherwise be disclosed pursuant to subsection (a) about the location of a parent or child, including residential address, telephone number, and name, address and telephone number of employer, and shall not disclose the social security number of a parent or child; provided, however, that such personal data may be shared by and between employees of the IV–D agency and its contractors; provided further that the IV–D agency may disclose such personal data to the Federal Parent Locator Service, to a court or agent of a court that is authorized to receive information from the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act, to the department of transitional assistance, to the department of children and families for purposes directly connected with an investigation under section 51B of chapter 119 or proceedings related to termination of parental rights or adoption, to a person authorized to receive such personal data by the parent or, in the case of the child, by the custodial parent or legal guardian of the child; provided further, that the IV–D agency may disclose personal data for purposes directly connected to obtaining health care coverage for a parent or child receiving IV–D services to an employer or provider of health care coverage and to the division of medical assistance. If the IV–D agency is provided with reasonable evidence of a risk of harm pursuant to this section, the IV–D agency shall notify the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act that a risk of harm exists. Upon written request by a court or agent of a court authorized to receive information from the Federal Parent Locator Service, the IV–D agency shall release personal data, which may include location information and social security numbers, to such court or agent, as required by said Title IV, Part D of the Social Security Act; provided, however, that if the IV–D agency has been provided with reasonable evidence of a risk of harm, the IV–D agency shall notify the court or agent that the IV–D agency has received such information and that pursuant to section 5B, before making any disclosure of such personal data, the court is required to determine whether such disclosure to any other person could be harmful to the parent or child. A person or agency seeking disclosure of personal data which the IV–D agency is prohibited from disclosing because of a risk of harm, but which could otherwise be disclosed pursuant to subsection (a), may file a petition with the probate and family court pursuant to section 5B to request disclosure of such personal data. (c) The IV–D agency shall have in effect safeguards to ensure the integrity, accuracy, and completeness of, access to, and use of data, including personal data and data in the automated system required by section 4, which shall include: (1) written policies concerning access to data by IV–D agency personnel and its contractors, and sharing of data with other persons, which permit access to and use of data only to the extent necessary to carry out the purposes of the child support enforcement program, and which specify the data which may be used for particular program purposes, and the personnel permitted access to such data; (2) systems controls to ensure strict adherence to said policies; (3) routine monitoring of access to and use of the automated system required by section 4, through methods such as audit trails, to guard against and promptly identify unauthorized access or use; (4) procedures to ensure that all personnel, including employees of the IV–D agency and its contractors, who may have or had access to or who may be or were required to use confidential program data and personal data are informed of applicable requirements and penalties, including those in this section, section 6103 of the Internal Revenue Code of 1986 and section 21 of chapter 62C, and are adequately trained in security procedures; (5) penalties, as provided in this section for willful inspection or disclosure of, or unauthorized access to, personal data; and (6) such other safeguards as the commissioner of revenue and the secretary of the federal Department of Health and Human Services may specify in regulations. The willful inspection or disclosure of personal data, except as authorized by this section or section 5B, by any employee of the IV–D agency, its contractors, or any person obtaining unauthorized access to such data, including data stored in a computer system or computer files, while such data are in the custody of the commissioner of revenue or in the custody of any employee of the IV–D agency or its contractors is prohibited. Personal data may be inspected, and shared by and between employees of the IV–D agency in the performance of their official duties as provided in this chapter. Authorized employees of the department of revenue may disclose personal data to any employee of a contractor of the IV–D agency to the extent necessary for performance of the contracted duties of the employee. Personal data properly disclosed by employees of the IV–D agency may be inspected and shared by and between employees of a contractor of the IV–D agency in performance of their contracted duties and for the purpose for which such data was disclosed. Any violation of this section by an employee of the IV–D agency, its contractors or an officer, director or employee thereof, a person obtaining unauthorized access to personal data, or any other individual shall be punished by a fine of not more than $1,000 with respect to each person concerning whom information has been disclosed or inspected or by imprisonment for not more than one year, or both, and by disqualification from holding office in the commonwealth for such period, not exceeding three years, as the court determines. The determination by the commissioner of revenue that an employee of the IV–D agency, or the determination by another agency head that an employee of such other agency, has made a disclosure or willful inspection of personal data that was not authorized by this section and not protected by the good faith provision of subsection (d) shall be grounds for dismissal of such employee. A violation, as determined by the commissioner of revenue, of this section by an officer, director or employee of any contractor of the commonwealth shall be grounds for prohibiting such officer, director or employee from working on a contract between the contractor and the commonwealth. A violation, as determined by the commissioner of revenue, of this section by any contractor of the commonwealth, or any officer, director or employee thereof, shall also be cause for terminating any current contract between such contractor and the commonwealth and for prohibiting such contractor from entering into any future contract with the commonwealth. (d) Any unauthorized disclosure or unauthorized willful inspection made in a good faith effort to comply with this section shall not be considered a violation of this section.

M.G.L. c. 119A, § 5B Disclosure of personal data prohibited; petition for disclosure; determination of harm; limited disclosure

c. 119A, § 5B. Disclosure of personal data prohibited; petition for disclosure; determination of harm; limited disclosure Section 5B. A person or agency, including the IV–D agency, seeking personal data which the IV–D agency is prohibited from disclosing because of a risk of harm, but which could otherwise be disclosed pursuant to subsection (a) of section 5A, or which the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act is prohibited from disclosing because the secretary of the federal Department of Health and Human Services has been notified that there is reasonable evidence of domestic violence or child abuse, may file a petition with the probate and family court where the person resides, or in the case of an agency, with the probate and family court of Suffolk county, to request disclosure of such personal data. The petition shall specify the purposes for which such personal data is required. When a petition is filed under this section, or when the court receives notice from the IV–D agency that the IV–D agency has been notified of a risk of harm pursuant to said section 5A, the court shall determine whether disclosure of personal data could be harmful to the parent or child before releasing such data to any other person or agency. In making such determination, the court shall notify the parent that the court has received a request to release personal data and shall provide a specific date by which the parent must object to release of the information and provide the basis for objection. The parent may provide such information in writing and shall not be required to appear in person to contest the release of information. The court shall also notify the IV–D agency of any petition filed pursuant to this section and the IV–D agency shall provide the court with any reasonable evidence of the risk of harm which has been provided to the IV–D agency pursuant to said section 5A; provided, however, that the IV–D agency shall not be made a party to the action, except upon good cause shown. The court may also request information directly from the Federal Parent Locator Service, from the IV–D agency of another state, and from any other source. In determining whether disclosure of personal data could be harmful to the parent or child, the court shall consider any relevant information provided by the parent or child, any information provided by the IV–D agency or by the IV–D agency of another state, any evidence provided by the person seeking the personal data, whether the address of the parent or child has been impounded pursuant to sections 3 and 8 of chapter 209A, and any other relevant evidence, including information contained in the records of the statewide domestic violence record keeping system maintained by the office of the commissioner of probation. Documentary evidence transmitted to the court by facsimile, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. The court may permit a party or witness to be deposed or to testify by telephone, audiovisual means, or other electronic means. The court shall not enter an order to disclose personal data without reviewing all of the information that has been provided to the court and shall not draw an adverse inference from the failure of the parent to appear in person to contest disclosure of information. The court may enter an order (1) impounding the personal data and prohibiting any disclosure by the court or its agents, (2) permitting disclosure by the court or its agents to a specific person or persons, (3) prohibiting disclosure by the court or its agents to a specific person or persons, or (4) removing any restrictions on disclosure by the court and its agents. An order permitting disclosure of personal data may specify the purposes for which the data may be used and may prohibit a person to whom the data is disclosed from making further disclosures to any other person. The court shall notify the IV–D agency of any order entered pursuant to this section. Any person or agency who violates an order issued pursuant to this section may be held in contempt of court and subject to the penalties provided in said section 5A. The court may disclose location information about a parent for the limited purpose of notifying the parent of a proceeding under this section or of any other proceeding in the probate and family court, provided that such information shall not be disclosed to another party unless the court issues an order pursuant to this section permitting such disclosure.

M.G.L. c. 119A, § 6 Arrearages; collection procedures

c. 119A, § 6. Arrearages; collection procedures Section 6. (a) The IV–D agency, in accordance with Title IV, Part D of the Social Security Act, is hereby authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a court judgment or support order, or an order from a IV–D agency of competent jurisdiction. These collection procedures shall include, but not be limited to, notification of employers that an order to withhold income is in effect and not suspended; notification of obligors; demand letters; use of state and federal tax refund intercept programs; use of federal administrative offset pursuant to the Debt Collection Improvement Act of 1996 31 USC 3716; use of federal program for denial, revocation, or limitation of passports; notification to consumer credit reporting agencies pursuant to section 52A of chapter 93; initiation of contempt proceedings; use of lien, levy and seizure as provided in subsection (b); use of the services of any person providing collection services to the commissioner of revenue; seeking capias in appropriate situations; seeking a warrant pursuant to section 34A of chapter 215 in appropriate situations; attachment of or lien against property, trustee process in accordance with chapter two hundred and forty-six; civil actions to reach and apply; petition to the probate and family court for distribution of trust income in accordance with chapter 203; and any other civil remedy available for the enforcement of judgments or for the enforcement of support or custody orders entered under chapter two hundred and eight, two hundred and nine, or, two hundred and nine C or received, entered or registered pursuant to chapter two hundred and nine D or required by Title IV, Part D of the Social Security Act. The IV–D agency is further authorized, in cases where there is a support arrearage, to secure assets to satisfy the arrearage by intercepting or seizing periodic or lump-sum payments from any state or local agency or authority, including unemployment compensation, workers' compensation and other benefits not otherwise exempt, judgments, settlements, and lotteries; attaching and seizing assets of the obligor held in financial institutions; attaching any public and private pension or retirement funds as provided by this chapter and by chapter 32; and imposing liens in accordance with this section and, in appropriate cases, forcing sale of any real or personal property and distribution of proceeds. Such procedures shall be subject to due process as provided in this chapter, including an opportunity for administrative and judicial review as provided in section 17. The IV–D agency may provide by regulation for the assessment of interest and penalties. (b)(1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is established. Such lien shall incorporate any unpaid child support which may accrue in the future and shall not terminate except as provided in subparagraph (5). Upon recordation or registration in accordance with subparagraph (3), such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in subparagraphs (3) and (5). (2) When the IV–D agency determines that child support is unpaid, it shall send written notice to the obligor by first class mail, if his address is known to the IV–D agency no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV–D agency within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review under section 17, including sufficient documentation, the IV–D agency shall conduct the review within 30 days of said request and shall not initiate further administrative enforcement action hereunder until the review is completed. If the obligor has failed to keep the IV–D agency informed of his address as required by section 4 and the agency cannot otherwise determine the current address of the obligor from other information available to the agency, the agency may proceed under the provisions of subparagraph (4). (3) The IV–D agency shall file notice of a lien with respect to real property in the registry of deeds or registry district for any county or registry district in the commonwealth where the obligor owns property, or in any other registry of deeds or registry district in the county where the obligor resides and may file such notice in any other registry of deeds or registry district in the commonwealth. The social security number of the obligor shall be noted on the notice of the lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county or registry district where the lien is recorded or registered. A special index for liens created under this chapter shall be maintained in each registry of deeds or registry district. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds or registry district in the county or registry district where the notice of the lien was filed within 10 years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds or registry district for the county or registry district where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first. The IV–D agency shall also file notice of a child support lien, with the social security number of the obligor noted thereon, with respect to personal property with the state secretary, the registrar of motor vehicles, a municipality, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV–D agency may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however, that the IV–D agency may, upon request of the obligor, subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the IV–D agency, the IV–D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. (4) If the collection of an unpaid child support will be jeopardized by delay as determined by the commissioner, the IV–D agency shall proceed forthwith to collect such unpaid child support by perfecting a lien under subparagraph (3) or by executing a levy or seizure of property under subparagraph (6) or by any other available remedy without respect to the thirty-day notice period provided in subparagraph (2). (5) The lien shall expire upon either termination of a current child support obligation and payment in full of unpaid child support, or upon release of the lien by the IV–D agency. In any event, a lien under this chapter shall expire 10 years from the date on which such lien was first perfected; provided, however, that such lien may be extended for additional periods of 10 years each by recording or registering, within the one year next before the expiration of the unexpired lien, a further notice of the lien, as provided in subparagraph (3), without affecting the priority of such lien. Expiration of the lien shall not terminate the underlying order or judgment of child support. The IV–D agency may issue a full or partial waiver of any lien imposed under this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. (6) If any obligor against whom a lien has arisen and has been perfected under subparagraph (3) neglects or refuses to pay the sum due after the expiration of the thirty-day notice period specified in subparagraph (2), the IV–D agency may collect such unpaid child support and levy upon all property, including property located outside the commonwealth and accounts as defined in section 4 of chapter 62E, as provided herein. For the purposes of this section, the word ''levy'' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien having priority under subparagraph (3) has been perfected shall, upon demand, surrender the property to the IV–D agency as provided herein. A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for the surrender of the contract document, constitute a demand by the IV–D agency for payment of the amount of the lien and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay the amount ninety days after service of notice of levy. The levy shall be deemed to be satisfied if the organization pays over to the IV–D agency the full amount which the obligor could have had advanced to him, provided that the amount does not exceed the amount of the lien. Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the commonwealth for which levy is made, the IV–D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in subparagraph (3), until the amount due from him, together with expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV–D agency shall proceed in the manner prescribed by sections fifty-six, fifty-eight, fifty-nine and sixty of chapter sixty-two C, insofar as said sections are not inconsistent with the provisions of this section. With respect to a levy on securities, or a levy on shares of a mutual fund other than a money market mutual fund, the obligor may sell or repurchase such securities or shares in the ordinary and usual course of investing, but may not receive funds resulting from such sale, for a time period of up to 45 days. If during such time period the IV–D agency has not rescinded the levy, extended the time period, or notified the person or entity in possession of such securities or shares to remit funds, at the end of such time period such person shall forthwith liquidate sufficient securities or shares to satisfy the full amount of the lien and remit the liquidated funds to the IV–D agency; provided, however, that if during such time period, the obligor files a timely request for administrative review pursuant to this chapter which is not resolved prior to the end of such time period, the time period shall be extended until the final resolution of the request for administrative review; and provided further, that if a request for administrative review is resolved prior to the end of such time period, the IV–D agency may notify the person or entity in possession of such securities or shares to remit funds forthwith or that the levy is released. For the purposes of this section, the term ''money market mutual fund'' shall mean every regulated investment company within the meaning of section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1 per share in accordance with section 270.2a–7 of title 17 of the Code of Federal Regulations. The IV–D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in subparagraph (3) of this section. (7) Upon demand by the IV–D agency, a person who fails or refuses to surrender property subject to levy pursuant to this section shall be liable in his own person and estate to the commonwealth in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate established by section thirty-two of chapter sixty-two C from the date of the levy. In addition, any person required to surrender property who fails or refuses to surrender such property without reasonable cause shall be liable for a penalty equal to twenty-five percent of the amount recoverable. The interest or penalty incurred under this subparagraph shall be paid to the commonwealth and shall not be credited against the child support liability. (8) Any person in possession of, or obligated with respect to, property who, upon demand by the IV–D agency, surrenders the property or discharges the obligation to the IV–D agency, or who pays a liability under this section, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this section, the organization shall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. (9) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IV–D agency, in addition to other forms of relief, may file a civil action in the department of the trial court which originally entered the order for child support to enforce the lien under this section. The filing of a civil action shall not preclude the IV–D agency from enforcing the child support order through the use of any administrative means permitted by federal or state law. (10) The IV–D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied or seized and the time period within which to respond to such notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order. (c) Any person aggrieved by a determination of the IV–D agency pursuant to this section may, upon exhaustion of the procedures for administrative review provided in section 17, seek judicial review within 45 days in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support hereunder. The court may review the proceedings taken by the agency under the provisions of this section and may correct any mistakes of fact but, in accordance with section thirteen of this chapter, the court shall not reduce or retroactively modify child support arrears.

M.G.L. c. 119A, § 6A Pension and retirement plans of obligor; attachment of payments, distributions or benefits; use of accumulated total deductions to pay arrearages

c. 119A, § 6A. Pension and retirement plans of obligor; attachment of payments, distributions or benefits; use of accumulated total deductions to pay arrearages Section 6A. (a) The IV–D agency is hereby authorized to attach payments, distributions or benefits owing to an obligor under any pension or retirement plan, as provided in this section. (b)(1) With respect to any pension or retirement plan governed by the Employee Retirement Income Security Act, Title 29 of the United States Code, the IV–D agency may attach payments, distributions or benefits pursuant to a qualified domestic relations order, as defined in 29 USC 1056, issued by a court of competent jurisdiction or by the IV–D agency, as provided in paragraph (2). (2) Pursuant to regulation promulgated by the commissioner, the IV–D agency may issue a qualified domestic relations order, as defined in 29 USC 1056, without the need for judicial or administrative hearing; provided, however, that the IV–D agency shall notify the obligor of the issuance of such qualified domestic relations order and of the procedures to follow under section 17 if the obligor wishes to contest such issuance on the grounds that the withholding under the qualified domestic relations order or the amount withheld is improper due to mistake of fact. (c) With respect to all other pension or retirement plans, the IV–D agency may attach payments, distributions or benefits or execute an income withholding order under the procedures set out in sections 6 and 12, without obtaining or issuing a qualified domestic relations order as defined in 29 USC 1056. (d) If a member of a pension or retirement plan is eligible to receive a return of accumulated total deductions under the provisions of chapter 32 or under the provisions of any general or special law and requests such return from the pension or retirement board on the prescribed form, prior to the return of such accumulated total deductions, the board shall provide to the IV–D agency the member's name, date of birth, address, and social security number. Within 15 days of receipt of such information, the IV–D agency shall notify the board if such member owes child support arrears, provided, however, that if, due to unforeseen circumstances, the IV–D agency is unable to provide such notice within 15 days, the IV–D agency shall notify the board of said unforeseen circumstances and the anticipated date by which the IV–D agency will provide such notice. If the member owes child support arrears, upon receipt of a levy from the IV–D agency on the accumulated total deductions, the board shall withhold the child support arrears from the accumulated total deductions and, unless the IV–D agency releases the levy, the board shall, within 60 days, disburse to the IV–D agency the accumulated total deductions up to the amount of the arrears. (e)(1) With respect to any pension or retirement plan not governed by the Employee Retirement Income Security Act, Title 29 of the United States Code, upon notice by the IV–D agency to a pension or retirement board that a lien has arisen under section 6 against a member of the pension or retirement plan, and if the member has terminated service, the board shall send to the member the prescribed form to request a return of accumulated total deductions under the provisions of chapter 32 or the provisions of any general or special law. (2) An obligor who is subject to a lien under section 6 and who is eligible to receive a return of accumulated total deductions under the provisions of chapter 32 or under the provisions of any general or special law shall sign and return to the pension or retirement plan any prescribed form required by such plan to request a return of accumulated total deductions; provided that the obligor shall also send by first class mail a copy of such completed form to the IV–D agency. (3) If the member fails to file the prescribed form with the board within 60 days, the board shall notify the IV–D agency of such failure and whether the board has received notice that the member has become a member of any system. The IV–D agency may seek a court order for the submission of the prescribed form to request a return of accumulated total deductions. Upon request of the IV–D agency, the court shall order the member to sign and submit the prescribed form or shall appoint a special master to sign and submit such form in place of the member. (4) Upon receipt of a levy from the IV–D agency on the accumulated total deductions, the board shall withhold any arrears owed by such obligor from the accumulated total deductions and, unless the IV–D agency releases the levy, the board shall, within 60 days, disburse to the IV–D agency the accumulated total deductions up to the amount of the arrears.

M.G.L. c. 119A, § 7 Entry of support order in other jurisdiction

c. 119A, § 7. Entry of support order in other jurisdiction Section 7. (a) If the IV–D agency is providing services to an obligee or to an obligor, it may enforce an income withholding order or a qualified domestic relations order pursuant to the Employee Retirement Income Security Act, 29 USC 1056, by sending notice of the withholding or qualified domestic relations order to the child support enforcement agency of the jurisdiction in which the obligor derives income, or directly to the obligor's employer or other source of income in that jurisdiction. The notice may be transmitted by any method including, but not limited to, paper, facsimile, magnetic tape or other electronic means. The notice shall be accompanied by a certification by the IV–D agency that the information contained in the notice accurately reflects its records. (b) Upon receiving notice of a subsequent modification, the IV–D agency shall send notice of the order as modified to the child support enforcement agency of the jurisdiction in which the obligor derives income, or to the obligor's employer or other source of income.

M.G.L. c. 119A, § 8 Support order of other jurisdiction; filing; documentation

c. 119A, § 8. Support order of other jurisdiction; filing; documentation Section 8. A child support enforcement agency, party to a child support order or other entity in a jurisdiction outside the commonwealth may request the IV–D agency to enforce a child support order issued by a court or administrative agency in another jurisdiction, or a lien arising under the law of another jurisdiction. The order or lien shall be accorded full faith and credit and the order or lien shall be enforced as if the order was issued or the lien arose in the commonwealth, without the necessity of registering the order with the court and without requiring judicial notice or hearing prior to the enforcement of such lien or order, provided that the IV–D agency, enforcement agency of another state, party or other entity seeking to enforce the lien complies with the procedural rules relating to enforcing orders or recording or serving liens that arise within the commonwealth. An order for genetic marker tests from a court or administrative agency of competent jurisdiction shall be accorded full faith and credit and shall be enforceable in the commonwealth.

M.G.L. c. 119A, § 9 Child support trust fund

c. 119A, § 9. Child support trust fund Section 9. There is hereby established, separate and apart from all the public monies or funds of the commonwealth, a child support trust fund, which shall be administered by the IV–D agency without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund. The fund shall consist of all child support payments from or on behalf of individual obligors paid to the commonwealth pursuant to this chapter, all fees charged and collected by the IV–D agency for its services, all penalties assessed and collected by the IV–D agency, all incentive payments made by the federal government for child support activities, and all interest or other earnings from monies in the fund. All monies in the fund shall be pooled and available for support payments, refunds, and other payments authorized by this chapter; but, the federal incentive payments shall be expended only as authorized by Title IV, Part D of the Social Security Act.

M.G.L. c. 119A, § 10 Child support trust fund; separate accounts

c. 119A, § 10. Child support trust fund; separate accounts Section 10. The state treasurer shall serve as treasurer of the child support trust fund. He shall maintain within the child support trust fund 3 separate accounts as follows:— (1) A child support payments account of amounts to be distributed, without appropriation, to the proper obligees. The IV–D agency shall transfer to the General Fund the state share of amounts collected pursuant to Title IV, Part D of the Social Security Act. (2) A child support services account to be expended, without appropriation, on child support services authorized pursuant to Title IV, Part D, of the Social Security Act. To this account shall be credited all fees collected by the IV–D agency, all federal incentive payments, and all interest and earnings of the fund attributed to federal incentive payments. (3) A child support penalties account to be expended, without appropriation, pursuant to subsections (b) and (c) of section 10A and on child support services authorized pursuant to Title IV, Part D of the Social Security Act. To this account shall be credited all penalties collected by the IV–D agency, all amounts designated for this account pursuant to subsection (a) of said section 10A, all interest collected by the IV–D agency on the state share of arrears assigned to the commonwealth pursuant to Title IV, Parts A and E, and Title XIX of the Social Security Act, and all interest and earnings of the fund, except as provided in paragraph (2) of this section. The state treasurer shall report annually, on or before October 15, to the secretary of administration and finance and to the house and senate chairs of ways and means on the total expenditures from the child support penalties account in the prior fiscal year.

M.G.L. c. 119A, § 10A Corrections for overpayment, underpayment, or administrative error

c. 119A, § 10A. Corrections for overpayment, underpayment, or administrative error Section 10A. (a) If a case receiving IV–D services is otherwise eligible for case closure and the commissioner of revenue determines that (1) an obligor has made an overpayment of $10 or less of the amount of any child support owed by the obligor, or (2) child support in the amount of $10 or less is due to an individual obligee, the commissioner shall disburse the amounts to the obligor or obligee. If the obligor or obligee fails to negotiate the check issued by the commonwealth within 180 days of its issuance, the funds shall be placed in the account established pursuant to paragraph (3) of section 10, to be expended as provided in subsections (b) and (c) of this section. (b) If the commissioner determines that the IV–D agency has distributed a payment to an individual obligee that was not a child support collection on behalf of the obligee, or that the obligee was otherwise not entitled to the payment, the IV–D agency shall make diligent efforts to recover the payment from the obligee, including deducting the amount, or a portion thereof, from future collections of child support made on behalf of the obligee. Recovered amounts shall be placed in the account established pursuant to paragraph (1) of section 10. Where the IV–D agency does not recover the payment, the IV–D agency may issue a refund of an overpayment to an obligor, or a replacement payment to an individual obligee on whose behalf the child support collection was made, from the account established pursuant to paragraph (3) of said section 10. (c) If the commissioner determines that an individual obligee or obligor has incurred bank or similar fees as a direct result of administrative error by the IV–D agency, the IV–D agency may, at the discretion of the commissioner, reimburse the obligee or obligor for the fees from the account established pursuant to paragraph (3) of section 10.

M.G.L. c. 119A, § 11 Child support trust fund; requisitions

c. 119A, § 11. Child support trust fund; requisitions Section 11. The state treasurer shall from time to time requisition from said child support trust fund such amounts, not exceeding the amounts credited to the child support payments account, as the commissioner of revenue deems necessary for the payment of child support to obligees in accordance with the provisions of this chapter. The state treasurer shall also from time to time requisition from said child support trust fund and from the child support penalties account such amounts, not exceeding amounts credited to the child support services account, as the commissioner of revenue deems necessary for a reasonable future period for the provision of child support services; provided that such amounts shall conform to a schedule of anticipated expenditures on file with the fiscal affairs division within the executive office for administration and finance and the house and senate committees on ways and means.

M.G.L. c. 119A, § 12 Support orders; enforcement; arrearages; assignment of wages; notice and hearing; order

c. 119A, § 12. Support orders; enforcement; arrearages; assignment of wages; notice and hearing; order Section 12. (a) Each judgment or order for support issued pursuant to section 28 of chapter 119 and chapters 207, 208, 209, 209A and 209C, or received, entered or registered pursuant to chapter 209D shall conform to and shall be enforced according to this section. Each such judgment or order for support shall include a provision for immediate withholding of income, as provided in paragraph (6) of subsection (b); provided, however, that such order for income withholding may be suspended, pursuant to subsection (c). Each such judgment or order for support shall also include an order for health care coverage, as provided in paragraph (5) of subsection (b). Each outstanding order for support which is reviewed, modified or otherwise brought before the court pursuant to any of said chapters or pursuant to section eighteen A of chapter two hundred and seventy-three shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of this section. (b)(1) Each judgment or order for support to which this section applies shall be made payable to the IV–D agency on behalf of each obligee who applies for or is a recipient of IV–D services. Until September 30, 1998, if the obligee is not a recipient of public assistance or has not signed an application for IV–D services, the judgment or order if to be paid by withholding of income of the obligor, shall be made payable on behalf of the obligee to an entity designated by the commissioner of revenue or the court unless the obligor and obligee agree that payment shall be made either directly to the obligee or in some other manner. Such entity shall deduct a fee as determined by the commissioner prior to forwarding payments to the obligee. (2) All judgments and orders of support entered in the commonwealth on or after October 1, 1998, in which support is ordered to be paid by withholding of income of the obligor, shall be made payable to the IV–D agency on behalf of the obligee; but any judgment or order of support which is solely for alimony or spousal support shall be made payable to the obligee. (3) In all other cases in which support is payable by withholding income of the obligor, including cases not receiving IV–D services, payment of income withholding pursuant to such judgment or order for support shall be paid, on and after October 1, 1998, to the IV–D agency on behalf of the obligee, notwithstanding the payee specified in the order, provided that a party or the employer notifies the IV–D agency of the amount to be withheld, including any amount to be withheld toward payment of arrearages, and provides the IV–D agency with the identifying information required by paragraph (5) of subsection (b) and a copy of the most recent order or notice of income withholding; but any order of support payable by withholding income of the obligor which is solely for alimony or spousal support shall be paid to the obligee. (4) With respect to any case in which support to be paid by withholding income is or becomes payable to the IV–D agency on behalf of the obligee under this section and such support payment was previously made payable to the obligee or another entity, the IV–D agency upon receipt of the case shall execute an order to make payments under the income withholding order payable to the IV–D agency, and shall so notify the employer, the obligor, and the obligee; provided, however, that if insufficient information identifying the obligee and the obligor has been provided to the IV–D agency, the IV–D agency shall return to the employer or other source of periodic income any payment received and shall direct such employer or other source of periodic income to provide information identifying the obligor and obligee prior to transmitting additional payments to the IV–D agency; and provided further that the IV–D agency shall not be liable to such obligor or obligee for not transmitting the payments to the obligee. (5) (A) A judgment or order shall include: (i) the name and address of the obligor; (ii) the name, address and federal employer identification number of the obligor's employer; and (iii) such other information as the IV–D agency requires to assist it in collecting support payments. With respect to an order for income withholding made payable to the IV-D agency, the issuing court shall provide to the IV–D agency: (i) a copy of the judgment or order for support and the order for income withholding; (ii) the address of the obligee; (iii) the date of birth of the child; and (iv) such other information as the IV–D agency requires to assist it in collecting support payments; provided, however, that such information need not be included in the order for income withholding. (B) Each such judgment or order shall also include a provision for health care coverage for the child in accordance with this section and may require the obligor to pay an amount toward the obligee's cost of health care coverage or toward uninsured medical expenses on behalf of the child. The court shall enter an order that requires the obligor or the obligee to provide health care coverage if such coverage is available at reasonable cost and accessible to the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for the obligor or the obligee, then the court shall enter written findings. (C) If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain such coverage as long as the child remains eligible; provided, however, that the court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee. (D) If health care coverage pursuant to this section is not available to the obligor or the obligee at the time the order is entered, the court shall order the parties to notify the IV–D agency if such coverage becomes available. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 5 per cent of the gross income of the party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the child's primary residence; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to an obligor or obligee whose gross income does not exceed 150 per cent of the federal poverty guidelines for the family size or who receives MassHealth on behalf of the obligor, the obligee or the child. (E) If the IV–D agency is responsible for enforcing the order, the court shall order the obligor and the obligee to notify the IV–D agency of any changes in the availability and terms of health care coverage. If the obligor is required to provide health care coverage for a child of the obligor's through an employment-related health plan and if the IV–D agency has the name and address of the employer, the IV–D agency shall transfer the national medical support notice, as required by Title IV, Part D of the federal Social Security Act, to the employer notifying the employer to enroll the child in a health care plan provided by the employer for which the obligor is eligible. If the obligee is required to provide health care coverage, the IV–D agency may transmit such national medical support notice to the employer of the obligee and the provisions of this section with respect to the notice shall apply to such obligee and such employer. The notice may be transmitted to the employer by any method, including paper, facsimile, magnetic tape or other electronic means. (6) Each such judgment or order shall include a provision under which a portion of the obligor's income as defined in section 1A, shall be withheld, except as expressly limited by law, in an amount sufficient to comply with the support order. Each such judgment or order shall also include a provision that any income withholding be sufficient to reduce any arrearage of support that accrues under the order or accrued prior to entry of the order by increasing income withholding by twenty-five per cent until such arrearage is paid off. No current order shall be reduced in order to pay off an arrearage. This section shall not affect the availability of any method for collecting an arrearage. In any case with an outstanding support order under this chapter in which no order of income withholding has been executed, said IV–D agency shall execute an order, by any reasonable means, including by electronic means, to withhold income, without the need for judicial or administrative hearing, and this section shall apply; provided, however, that the IV–D agency shall notify the obligor that the withholding has commenced and of the procedures to follow under section 17 if the obligor wishes to contest such withholding on the grounds that the withholding or the amount withheld is improper due to mistake of fact. If on the basis of mistake of fact, the obligor contests the income withholding or contests the withholding of the employee share of premiums for health care coverage, the employer shall initiate and continue the withholding until the employer receives notice from the IV–D agency, the court or an administrative agency of competent jurisdiction to terminate the income withholding or the withholding of the employee share of premiums for health care coverage. (c) Any withholding of income shall take effect immediately when the obligor is found in violation or contempt of an order of support. Income withholding shall also take effect immediately, without the necessity of any judicial or administrative hearing, in all other cases, unless the court or the hearing officer finds good cause exists to order that the income withholding be suspended and makes written findings in support of suspension or unless the obligor and the obligee agree in writing that payment shall be made directly to the obligee. Such written findings shall include a determination by the court that immediate income withholding would not be in the best interests of the child and the reasons therefor and, in the case of a modification of a support order, shall include proof of timely payments made in compliance with the existing order. Before the hearing regarding the suspension of such income withholding, the court shall inform the obligor that under the provisions of subsections (d) and (e), such income withholding, even if suspended, will take effect without any further hearing if an arrearage accrues as described in paragraph (1) or (2), and that a hearing will be available as provided in said subsections (d) and (e). In the event that income withholding is suspended in the first instance, it shall take effect immediately:— (1) when a total arrearage amounting to the support owing for a fourteen-day period has accrued; or (2) in cases where payment is to be made once per month, fourteen days after a payment is missed, or, if no payment is missed, fourteen days after an arrearage amounting to one-half the amount of support owing for one month has accrued; or (3) at the request of the obligor or the obligee. Income withholding pursuant to this section shall terminate when the underlying support obligation terminates and all arrears are paid. With respect to a case receiving IV–D services, when an obligor changes employers or other source of periodic income, the obligor shall promptly notify his subsequent employer or other source of periodic income of his child support order and the IV–D agency of his subsequent employment or other source of periodic income and within 2 business days of receipt of the information, the IV–D agency shall transfer the income withholding order or the national medical support notice or both to the subsequent employer or other source of periodic income. With respect to a case receiving IV–D services, the IV–D agency shall transfer the income withholding order, the national medical support notice, or both, to the obligor's employer or other source of periodic income within 2 business days of the entry of the obligor's employment information in the wage reporting system as set forth in chapter 62E. With respect to a case receiving IV–D services, if an income withholding order or order for health care coverage is in effect under this section but cannot be executed because the obligor has no employer or other source of periodic income, said agency shall send the income withholding order or national medical support notice or both, together with notice of the provisions of subsection (f), to an employer or other source of periodic income who later employs or pays the obligor as soon as the new such employment or other source of periodic income is ascertained. (d) With respect to a case receiving IV–D services or where an obligee applies for child support services from the IV–D agency, when the IV–D agency determines on its own information or on account of a claim in writing under the penalties of perjury that an arrearage has accrued, it shall immediately send the notice on income withholding increased by 25 per cent to the obligor's employer or other source of periodic income as specified in subsection (f) and shall send a notice to the obligor that he may, within 15 days from the date the notice is sent submit a request in writing for a hearing as to whether the income withholding should be further suspended. With respect to all other case, an obligee making a claim that an arrearage has accrued shall make the claim in writing under the penalties of perjury to the court that entered the order and the court may order that the withholding be increased by 25 per cent. The notice to the obligor shall also specify the amount to be withheld, and the procedure and grounds for further suspending the income withholding or appealing the amount of any arrearage alleged to be owed. Such notice to the obligor shall set forth that the income withholding order applies to the obligor's subsequent employers or other sources of periodic income and that the obligor is bound to notify said agency immediately when his employment or other source of periodic income changes or be subject to possible punishment for civil contempt of court or other enforcement remedies under this chapter. When the agency ascertains that an obligor has failed to comply with a judgment or order for health care coverage and health care coverage is available to the obligor at reasonable cost and accessible to the child, the IV–D agency shall send notice of the judgment or national medical support notice to the employer or to a provider of health care coverage together with notice of the provisions of subsection (f). The judgment or order shall operate to enroll the child as fully and completely as if the obligor had executed a document authorizing the enrollment and, upon receipt of notice of the judgment or order from the IV–D agency, the employer or provider of health care coverage shall enroll such child, notwithstanding the employee's failure to sign or submit an application for enrollment for health care coverage and without regard to any restrictions on enrollment periods. The employer or provider of health care shall not refuse to enroll the child on the grounds stated in subsection (m). The obligor or obligee may contest or seek a modification of an order for health care coverage on the grounds that the coverage: (i) is no longer available to the obligor at reasonable cost; (ii) is no longer accessible to the child; (iii) is no longer in the best interest of the child; or (iv) creates an undue hardship for the moving party; provided, however, that the moving party shall bear the burden of proving that the coverage: (i) is no longer available to the moving party at reasonable cost; (ii) is no longer accessible to the child; (iii) is no longer in the best interest of the child; or (iv) creates an undue hardship for the moving party; and provided further, that the provider of health care coverage shall maintain coverage for the child under the order pending a modification of the order. (e)(1) If the obligor contests income withholding, he shall, in a case receiving IV–D services, request an administrative review under section 17, or, in all other cases, seek judicial review from the court that entered the order. If at the hearing the obligor establishes that no arrearage satisfying the requirements of clause (1) or (2) of subsection (c) existed at the time notice was given or at any time thereafter, or that he is not the person owing such arrearage, the court or hearing officer may order that such income withholding order be suspended until such an arrearage does accrue. A suspension shall not be ordered upon any other grounds, including the fact that an arrearage satisfying said clause (1) or (2) does not exist at the time of the hearing if such an arrearage existed at the time when the notice was mailed or any time thereafter. If the court or hearing officer orders that income withholding be suspended, upon notice to the IV–D agency, said agency shall promptly notify the employer or other source of periodic income. (2) The obligor may also request a hearing, under the same procedure and with the same notice as set forth in paragraph (1), if he contends that the payment of arrears at the rate of twenty-five per cent of the face amount of the child support order is excessive or that the total arrears owing is incorrect. If it is determined that payment of the arrearage at the rate of twenty-five percent of the support order creates an undue hardship upon the obligor or that the withholding would exceed the maximum amount permitted by the Consumer Credit Protection Act, 15 USC 1673(b), the rate at which such arrearage must be paid shall be reduced to a rate that is fair and reasonable considering the circumstances of the parties and the best interests of the child. If the court or hearing officer determines at the hearing that the total amount of arrears calculated is erroneous, he shall reduce the amount calculated to correct the amount. (f) The IV–D agency shall send notice of the income withholding order and the national medical support notice to the employer or other source of periodic income at the time required by this section. The notice of income withholding and the national medical support notice sent to the employer or other source of periodic income shall contain notice, of this subsection, and shall also state the amount to be withheld and that such amount shall be made payable to the IV–D agency on behalf of the obligee and sent to the state disbursement unit as provided in section 5 and shall not exceed the limit on the obligor's income set by the Consumer Credit Protection Act, 15 USC 1673(b). (1) The employer or other source of periodic income may deduct from said earnings or income a sum not exceeding one dollar per pay period as reimbursement for costs incurred, and may submit to said agency one check covering all its employees or recipients of periodic income whose income is withheld along with a statement enumerating the obligation of each employee or recipient of periodic income and amount paid. (2) The employer may not discipline, suspend or discharge an employee, or refuse to hire any individual because of an income withholding order issued pursuant to this section or because of any obligation such income withholding imposes against the employer. Any employer who violates this section shall be liable in a civil action, action for contempt or other appropriate proceeding to such employee or individual for all wages and employment benefits lost by the employee or individual from the time of the unlawful discipline, suspension, refusal to hire or discharge to the period of reinstatement, and an additional penalty of up to $1,000. (3)(A) If an employer or other source of periodic income fails to comply with an order of income withholding executed pursuant to this section the court may, on its own motion or upon report of the IV–D agency or other administrative agency of competent jurisdiction, or upon the motion or complaint of any party to the order of income withholding, summon the employer or other source of periodic income to appear in court and show cause why he should not be held in civil contempt for failure to obey said order. Said employer or other source of periodic income shall also be liable to the obligee in a civil action, action for contempt, or other appropriate proceeding for the full amount of the income that the employer or other source of periodic income failed to withhold or remit, and shall also be liable for a civil penalty equal to that amount or in the amount of $500, whichever is greater, payable to the IV–D agency or to the moving or complaining party. A finding by the court, by an administrative agency of competent jurisdiction, or by the IV–D agency that the employer or other source of periodic income has failed or neglected to comply with an income withholding order executed pursuant to this section shall be prima facie evidence of the liability of such employer in such proceeding. (B) With respect to a case receiving IV–D services, upon a finding by the IV–D agency that the employer or other source of periodic income has failed to withhold, or has withheld and failed to remit, any amount required to be withheld and remitted under this section, the IV–D agency may notify the employer or other source of periodic income of its obligation to withhold and remit pursuant to the income withholding order. Any subsequent failure to withhold and remit after the IV–D agency has sent said notice, or any failure to remit within 30 days an amount that has been withheld, shall result in an assessment by the IV–D agency against the employer or other source of periodic income of the amount subject to withholding and a penalty equal to that amount or in the amount of $500, whichever is greater. Such employer or other source of periodic income shall have 30 days from the date of the assessment to pay the amount due to the IV–D agency under the assessment and the penalty, or to request an administrative hearing by the IV–D agency to review the assessment. (C) In any action pursuant to subparagraphs (A) or (B), the following defenses may be raised by the entity alleged to have failed to withhold or remit support pursuant to the income withholding order: (i) said entity withheld and remitted the amount required by the order; (ii) said entity was not a source of periodic income to the obligor during the period of alleged non-compliance; (iii) no order to withhold support was in effect during the period of alleged non-compliance; or (iv) said entity had no notice of an order to withhold support during the period of alleged non-compliance. (D) Any amount assessed under subparagraph (A) by a court in a case receiving IV–D services, and any amount assessed by the IV–D agency under subparagraph (B), shall be collected and enforced by any means authorized under this chapter for the enforcement and collection of support. Any penalty imposed under this paragraph shall not be credited against the support liability. Any employer or other source of periodic income who contests an assessment confirmed by the IV–D agency after an administrative hearing pursuant to subparagraph (B) may, after exhaustion of administrative remedies, seek judicial review pursuant to section 17 of this chapter. (4) This order shall have priority over all other orders of assignment, income withholding, attachment, liens, executions and other legal process, from whatever source, notwithstanding any other provision of law. (5) As provided in subsection (b), the employer or other source of periodic income shall send the amount required by the income withholding order to the IV–D agency within three business days of the date the employee or recipient of periodic income is paid, and shall furnish such identifying information as the IV–D agency may require, including name, telephone number and employer identification number of the employer or other source of income, and the names, addresses, and social security numbers of the obligor and, if known, of the obligee, and the amount of support attributable to each obligor and obligee. With respect to income withholding orders issued by a court or agency of competent jurisdiction of another state and sent pursuant to section 5–501 of chapter 209D, the employer or other source of periodic income shall send the amount required by the income withholding order to the state disbursement unit in such other state and shall comply with the procedural rules governing income withholding for the state where the employee or other recipient of periodic income works or receives such income. (6) The income withholding shall begin on the first payment of income that occurs more than three days after the employer or other source of periodic income receives notice of the income withholding and shall continue until the employee leaves that employment, the recipient of periodic income no longer receives periodic income from that source, or the employer or other source of periodic income is notified by said agency that the income withholding should be terminated. (7) With respect to a case receiving IV–D services, if the employee leaves the employment, the employer shall be responsible to notify said IV–D agency of his departure and his subsequent employer, if known, or his subsequent source of periodic income, including pension or retirement payments, if known, prior to the time that the next payment to said agency is due and, if a recipient of periodic income no longer is to receive periodic income from a source of such income, that source shall notify the IV–D agency of the termination of his receipt of periodic income from that source and, if known, his subsequent source of periodic income, prior to the time that the next payment to said agency is due. Any subsequent employer or other source of periodic income of the obligor shall, upon notice of an income withholding order or upon receipt of a national medical support notice, or both, comply with the provisions of this section. [There is no subsection (g).] (h) Each obligor making payments to the IV–D agency under this section shall be provided a notice describing the procedure for withholding income, including the factors triggering income withholding under subsection (c), the obligor's duty to report changes in employment, address, and other identifying information as required under section 4(c). Such notice may be provided at the time that the support order is entered. (i) When the obligor is self-employed, income withholding shall be ordered in compliance with subsection (b) and such self-employed obligor shall be subject to the same penalties provided in this section for failure to comply with income withholding to which any other employer is subject. When income withholding cannot be obtained because the obligor has insufficient periodic income subject to attachment, the court may require that the obligor post a bond in an amount sufficient to secure the obligation of support. (j) Obligations may also be enforced in accordance with the provisions of section six. (k) Upon receipt of the national medical support notice or upon application of the employee pursuant to the order for health care coverage, the employer shall enroll the child in the health care plan. The national medical support notice shall have the same effect as an enrollment application signed by the employee and shall operate to enroll the child in the health care plan. The employer shall comply with the requirements of the national medical support notice as set forth in the instructions incorporated into the notice. If health care coverage is provided by the obligor, the employer or the provider of health care coverage shall furnish the obligee with such information as may be necessary for the child to obtain benefits through the plan and shall permit the obligee or, with the approval of the obligee, the provider of medical services to submit claims for covered services without the approval of the obligor. A claim submitted in accordance with this subsection shall be payable, as appropriate, directly to the obligee, to the provider of medical services or, if the individual has assigned the individual's rights to medical support pursuant to Title XIX of the federal Social Security Act, to the division of medical assistance. If the division of medical assistance has been assigned the rights of an individual covered for health benefits from the provider of health care coverage and eligible for medical assistance under said Title XIX, the provider of health care coverage shall apply to the division the same requirements applicable to an agent or assignee of any other individual so covered. (l) If the employee is eligible for family coverage, the employer and the provider of health care coverage shall permit the employee to enroll, under the coverage, any child who is eligible for such coverage without regard to any enrollment season restrictions. If the employee is enrolled in a family health care plan but fails to make application to obtain coverage of a child, the employer and the provider of health care coverage shall enroll such child under the coverage upon application by such child's other parent, by the division of medical assistance or upon receipt of the national medical support notice from the IV–D agency. An employer or a provider of health care coverage shall not eliminate family coverage for a child enrolled pursuant to this section unless the employer or provider of health care coverage is provided satisfactory written evidence that the health care order is no longer in effect or that the child is or will be enrolled in a comparable plan, effective no later than the effective date that such coverage is eliminated, through another provider of health care coverage or, in the case of an employer, the employer has eliminated family health care coverage for all of its employees. An employer shall withhold from an obligor's compensation the obligor's share, if any, of premiums for health care coverage and shall pay such share of premiums to the provider of health care coverage unless federal regulations promulgated pursuant to Title XIX of the Social Security Act permit the employer to withhold less than the obligor's share of such premiums; provided, however, that the amount so withheld may not exceed the maximum amount permitted to be withheld under the Consumer Credit Protection Act, 15 USC 1673(b). The IV–D agency shall promptly notify the employer when there is no longer an order for medical support in effect. (m) A provider of health care coverage shall not deny enrollment to a child under the health coverage of the child's parent on the ground that such child was born out of wedlock, that such child is not claimed as a dependent on the parent's federal income tax return or that such child does not reside with the parent or within the area served by the provider of health care coverage or that such child receives benefits or is eligible to receive benefits under any plan administered by the division of medical assistance or by the department of public health. An employer or provider of health care coverage who, upon notice of a health care order, fails without reasonable cause to enroll a child in a health care plan shall be liable in a civil action, action for contempt, or other appropriate proceeding for the full amount of the medical costs incurred and for attorneys' fees. A finding by the IV–D agency or by a court or administrative agency of competent jurisdiction that an employer or provider of health care coverage has failed without reasonable cause to enroll a child in a health care plan shall be prima facie evidence of such liability.

M.G.L. c. 119A, § 13 Support payments or installments; judgment by operation of law; retroactive modification; application

c. 119A, § 13. Support payments or installments; judgment by operation of law; retroactive modification; application Section 13. (a) Any payment or installment of support under any child support order issued by any court of this commonwealth or by a court or agency of competent jurisdiction of any other state shall be on or after the date it is due, a judgment by operation of law, with the full force, effect, and attributes of a judgment of this commonwealth including the ability to be enforced; shall be entitled as a judgment to full faith and credit; and a judicial or administrative action to enforce said judgment may be commenced at any time; provided that said judgment shall not be subject to retroactive modification except with respect to any period during which there is pending a complaint for modification, but only from the date that notice of such complaint has been given, either directly or through the appropriate agent, to the obligee or, where the obligee is the plaintiff, to the obligor. (b) After a judgment pursuant to chapter two hundred and eight, two hundred and nine or two hundred and nine C, an agreement between parents that provides for the support of a minor child shall not be enforceable to bar a modification of the amount of support due on behalf of the minor child unless the court finds all of the following: 1) that the agreement survives the original judgment and has independent legal significance; 2) that the agreement was fair and reasonable and free from fraud and coercion at the time of the judgment; 3) that the provisions for support of the minor child continue to be fair and reasonable considering the child support guidelines and the circumstances of the parties and the child; and 4) that enforcement of the agreement is in the best interests of the child. (c) In any proceeding to establish or modify an amount of child support, the child support guidelines promulgated by the chief justice of the trial court shall apply. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines, that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines and that such departure is consistent with the best interests of the child. (d) The provisions of this section shall apply to all actions for establishment, modification or enforcement of a judgment or order for child support pursuant to or adjudicated under the provisions of chapters one hundred and nineteen, 119A, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine A, two hundred and nine C and two hundred and nine D.

M.G.L. c. 119A, § 14 Support payments or installments; judgment by operation of law; retroactive modification; application

c. 119A, § 14. Support payments or installments; judgment by operation of law; retroactive modification; application Section 14. (a) The IV–D agency shall have access to and may request from all entities and individuals in the commonwealth, including for- profit, nonprofit, and governmental employers and other sources of income or benefits, information on the employment, compensation, and benefits of any individual employed by such individual or entity as an employee, contractor, or subcontractor or of any individual to whom such individual or entity provides income or benefits. The IV–D agency shall have access, including electronic access, in the case of records maintained in electronic data bases, subject to safeguards on privacy and information security as provided in section 5A, to information, including social security numbers, contained in the following records: (1) records of other state and local government agencies, including vital statistics records relating to marriage, birth, paternity establishment, and divorce; state and local tax and revenue records, including information on residence address, employer, income and assets; records concerning real and titled personal property; records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities; employment security records; records of agencies administering public assistance programs; records of the registry of motor vehicles; and corrections records including records of the department of youth services; (2) certain records held by private entities with respect to individuals who owe or are owed support (or against or with respect to whom a support obligation is sought), consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized by section 15; and information (including information on assets and liabilities) on such individuals held by financial institutions as defined in section 4 of chapter 62E, if said agency has reason to believe that such information will assist in the administration of the child support enforcement program. Such information shall be available to the IV–D agency only for the purpose of and to the extent necessary for the administration of the child support enforcement program. No entity or individual who complies with the provisions of this section shall be liable in any civil or criminal action or proceeding brought by an obligor or an obligee on account of such compliance. Holders maintaining personal data, as such are defined in section one of chapter sixty-six A, are authorized to disclose to the IV–D agency all personal data requested hereunder. Such disclosures shall not violate said chapter sixty-six A. An entity or individual who willfully provides false information in reply to a request pursuant to this paragraph or who, without reasonable cause, fails to respond to a request within fourteen days, shall be liable for a penalty of one hundred dollars for each such violation to be assessed by the IV–D agency or a court of competent jurisdiction. (b) Information to which the IV–D agency shall be entitled shall include state income tax returns and all state income tax information including address, filing status, amounts, nature and sources of income, names and addresses of all employers and other sources of income, and the number of dependents reported on any return filed by any obligor or obligee and any data, documents or records of an obligor or obligee provided to the department of revenue by an employer, bank or other source of income pursuant to chapter sixty-two E. The IV–D agency shall use such tax information only for purposes of administering the child support enforcement program and shall not disclose such information, other than the name and address of the obligor, except in proceedings or other activities to locate or identify obligors, to evaluate the ability of obligors to pay child support, to establish, modify or enforce child support orders, to collect child support or in criminal prosecutions for failure to pay child support. An employee of the IV–D agency that requests, uses or discloses such information in any other manner or for any other purpose shall be punished by a fine of not less than two thousand dollars or by imprisonment for not more than twelve months or both, and by dismissal and disqualification from employment by the commonwealth. The information included in this provision shall be data or tax returns in any form or format, including data available by electronic means. Pursuant to sections 172 and 172D of chapter six, the IV–D agency shall be entitled to all criminal offender record information including, but not limited to arrest, conviction, incarceration and rehabilitation information, and evaluative information as defined in section one hundred and sixty-seven of said chapter six, and other information and data specified in section 172D of said chapter 6. (c) Except as may be prohibited under the federal Fair Credit Reporting Act 15 U.S.C.A. 1681 et seq. or under sections fifty to sixty-eight E, inclusive, of chapter ninety-three, the IV–D agency may require disclosure of information, including the location, employment, title to property, credit status or professional affiliation to assist the IV–D agency to determine the current location of an obligor or an obligee, from any state agency, state, county or municipal registry of deeds or titles, registry of vital records and statistics, city or town registrar responsible for the preparation of street lists pursuant to chapter fifty-one, utility company, including telephone, assessor's office and housing authorities, employers, professional or trade associations and labor unions, professional or trade licensing boards, credit bureaus or agencies, pension or retirement plan, or creditor or other entity identified on a credit report furnished to the IV–D agency; provided that the IV–D agency may, in addition, request from a creditor of an obligor or obligee the following information: amounts, nature and sources of income and assets, names and addresses of all employers and other sources of income and assets, documents or records provided by an obligor or obligee to a creditor; provided, however, that information furnished by a telephone company shall be limited to the name, social security number if available, address and telephone number of an obligor or an obligee. (d) Information to which the IV–D agency shall be entitled shall include information from the department of public health as set forth in chapter 17 relating to the records of births, deaths, and marriages of persons in the commonwealth, including name, address, social security number, and such other information as necessary for the purpose of administering the child support enforcement program, including information about any child born out of wedlock whose paternity has not been acknowledged or established within six months of birth. The IV–D agency shall use such information only for purposes of administering the child support enforcement program and shall not disclose such information, except in proceedings or other activities to establish paternity, to locate or identify obligors and obligees, and to establish, modify or enforce child support orders. The information required in this section shall be data compiled by any method or in any format, including data available through electronic means. (e) The IV–D agency shall use information received pursuant to this section and pursuant to chapter 62E to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations, and as permitted by section 5A, may disclose such information to the IV–D agency of another state upon request of such agency with respect to an individual case or a data match and to any agent of the IV–D agency that is under contract with the agency to carry out the purposes of this chapter only to the extent necessary for the performance of such agent's contracted duties. (f) Individuals, agencies or entities disclosing information to the IV–D agency under this section shall furnish such information using the method and format required by the IV–D agency. If the individual, agency or entity making disclosure is unable to furnish the information using the method and format so required, such individual, agency or entity shall cooperate with the IV–D agency to determine another method or format by which the information may be furnished. The failure of any such individual or entity, without reasonable cause, to provide the IV–D agency with information relating to, or that may assist in locating, an obligor or obligee or to respond that such information does not exist, within fourteen days after such information is requested, shall be punishable by a penalty to be assessed by the IV–D agency or by a court of competent jurisdiction in the amount of one hundred dollars for each such failure. (g) The IV–D agency may request from any employer or other source of income or benefits, including health care benefits and pension benefits, whom the IV–D agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income or benefits, information concerning the dates and amounts of income paid, the last known address, social security number, and available health care or other benefits. The IV–D agency shall not inquire of an employer or other source of income or benefits concerning the same obligor or obligee more than once every three months. Employers or other sources of income or benefits shall respond to such requests fully and in writing within fourteen days. No employer or other source of income or benefits who complies with this section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance. An employer or other source of income or benefits who, without reasonable cause, fails to comply with requests made pursuant to this section, shall be liable for a penalty to be assessed by the IV–D agency or by a court of competent jurisdiction of five hundred dollars for the first violation and one thousand dollars for each subsequent violation. The information in this subsection shall be in addition to, and not in substitution for, information required to be provided to the commissioner of revenue under chapter sixty-two E or to the IV–D agency under section 6A. (h) The commissioner shall promulgate regulations to define what shall constitute ''reasonable cause'' for purposes of this chapter.

M.G.L. c. 119A, § 15 IV–D agency powers; failure to comply with subpoena or summons issued under section; penalties; production of witnesses, books, papers and records

c. 119A, § 15. IV–D agency powers; failure to comply with subpoena or summons issued under section; penalties; production of witnesses, books, papers and records Section 15. The IV–D agency may take testimony and proofs under oath with reference to any matter within the administrative authority of the agency and, in connection therewith, may issue subpoenas or summonses and require the attendance and testimony of witnesses and the production of books, papers, records, data and other evidence. In the case of records maintained in electronic data bases, the IV–D agency may issue a subpoena, including a subpoena in machine readable format, for access, including electronic access, to such records. In all other cases, subpoenas and summonses issued by the IV–D agency shall be served in the same manner as subpoenas or summonses issued on behalf of the commonwealth for witnesses in civil cases. All provisions of law relative to the subpoenas or summonses shall apply to subpoenas or summonses issued hereunder. Any individual, employer, agency, institution or other entity who, without reasonable cause, fails to comply with a subpoena or summons issued under this section shall be liable for a penalty and reasonable attorneys' fees to be assessed by the IV–D agency or by a court or administrative agency of competent jurisdiction, provided, that if such penalty and attorney's fees are assessed by the IV–D agency or by such other administrative agency, the individual, employer, agency, institution or other entity against whom such penalties and fees are assessed may seek judicial review of such assessment within 45 days of notice of such assessment. The amount of such penalty shall be $100 for the first violation, $200 for the second violation, and $300 for the third violation and each violation thereafter. Any license held or sought by any obligor who, without reasonable cause, fails to comply with a subpoena or summons issued under this section may also be subject to revocation, suspension, or nonissuance pursuant to section 16, provided that any individual aggrieved by a final determination to so revoke, suspend or not issue a license may seek judicial review pursuant to section 17 within 45 days of notice of such final determination. A justice of a court that has jurisdiction of child support and paternity matters may, upon the application of the IV–D agency, compel the attendance of witnesses, the production of books, papers, records, data and other evidence and the giving of testimony before the IV–D agency in the same manner and to the same extent as before such court and in accordance with the applicable rules of procedure.

M.G.L. c. 119A, § 16 Revocation, suspension, nonissuance or nonrenewal of licenses for failure to provide support

c. 119A, § 16. Revocation, suspension, nonissuance or nonrenewal of licenses for failure to provide support Section 16. (a)(1) For purposes of this section, the following words shall have the following meanings: ''License'', any license, permit, certificate, registration, charter, authority or any other form of permission required by law for the operation or use of property, the conduct of an activity or the carrying on of a trade or business, including, but not limited to, any professional, trade, business, occupational, commercial, recreational or sporting license or permit, driver's license, learner's permit, right to operate a motor vehicle, or certificate of motor vehicle registration. ''Licensing authority'', any department, bureau, authority, division, board, commission, unit or other entity of the commonwealth, any political subdivision or agency thereof, or any city or town of the commonwealth, which issues licenses. ''Final determination of delinquency'', an administrative finding by the IV–D agency that an obligor owes a child support arrearage that is subject to a child support lien under section 6 or has failed to respond to a subpoena, warrant or summons relating to a judicial or administrative proceeding regarding paternity or child support. (2) Every licensing authority shall collect and maintain certain information, including the name, date of birth, address and social security number, for each applicant for a license and each individual to whom a license is granted or renewed. Every licensing authority shall provide to the IV–D agency the name, date of birth, address, social security number, federal identification number and other information as the IV–D agency may request regarding an applicant for a license or an individual to whom a license has been granted, including requests by electronic data matches. The agencies or entities disclosing information to the IV–D agency under this section shall furnish such information using the method and format required by the IV–D agency. If the agency or entity making disclosure is unable to furnish the information using the method and format so required, such agency or entity shall cooperate with the IV–D agency to determine another method or format by which the information may be furnished. (b) The IV–D agency may notify in writing an obligor who owes a child support arrearage and is subject to a child support lien pursuant to section 6 of this chapter or an obligor who has failed to comply with a subpoena, warrant or summons relating to a judicial or administrative proceeding regarding paternity or child support, that unless the obligor requests, within 30 days of the date of such notice, a hearing before the department, the IV–D agency may issue a final determination of delinquency and, if the IV–D agency issues such final determination, shall notify the licensing authority to suspend, revoke or prohibit issuance or renewal of the license of the obligor; provided, however, that the IV–D agency has no evidence of the obligor residing at an address other than the address last known by the IV–D agency. The provisions of this section shall constitute the sole administrative remedy for an obligor to contest a final determination of delinquency and the suspension, revocation, nonissuance or nonrenewal of the obligor's license. (c) Notwithstanding the provisions of sections 10 and 11 of chapter 30A, the department shall provide a hearing upon request by the obligor as provided in subsection (b). If the obligor has been notified that he owes a child support arrearage, the obligor must establish at the hearing that (1) no child support arrearage exists, (2) the obligor is not the individual owing the arrearage, or (3) the obligor is complying with a payment plan approved by the IV–D agency. If the obligor has been notified that he has failed to comply with a subpoena, warrant or summons, the obligor must establish at the hearing, with respect to the subpoena, warrant or summons, that he did comply, he was not properly served, or the failure to comply was due to reasonable cause. If, after hearing, the department finds that the obligor owes a child support arrearage and is subject to a child support lien or that the obligor failed to comply with a subpoena, warrant or summons relating to a judicial or administrative proceeding regarding paternity or child support and that the obligor has failed to establish any of the defenses provided herein, the IV–D agency may issue a final determination of child support delinquency and, upon issuance of such final determination, shall notify the licensing authority to suspend, revoke or prohibit issuance or renewal of the obligor's license. (d) If the obligor signs a payment plan approved by the IV–D agency and thereafter fails to make payments in accordance with such plan and fails to show cause for such failure by requesting a hearing as provided by this section, the IV–D agency may issue a final determination of delinquency and, upon such issuance, shall notify the licensing authority to suspend, revoke or prohibit issuance or renewal of the obligor's license. (e)(1) Notwithstanding section 14 of chapter 30A, within 45 days of the date of the notice by the licensing authority to the obligor of its action to suspend, revoke or prohibit issuance or renewal of the obligor's license, an individual who contests a final determination of delinquency by the IV–D agency, upon exhaustion of administrative remedies provided herein, may seek judicial review in the court where the child support order was issued, or which has jurisdiction to register the child support order, or which issued the subpoena, warrant or summons; provided, however, that a request for judicial review shall be made by filing a complaint against the IV–D agency and not the licensing authority and shall be accompanied by a copy of the final determination of delinquency of the IV–D agency. Upon receipt of the request for judicial review, the court shall notify the IV–D agency at least 14 days prior to any hearing. Such judicial review shall constitute the exclusive remedy for individuals who contest a final determination of delinquency as adopted or acted upon by the licensing authority under this section; provided, however, that such review shall not limit an individual's right to appeal from the decision of the court. (2)(A) In the case of an obligor who is subject to a determination of delinquency by the IV–D agency on the basis of a child support arrearage, if the reviewing court finds that no child support arrearage exists, or that the obligor is not the individual owing the arrearage, or that the obligor is complying with a payment plan approved by the IV–D agency, the reviewing court shall order the IV–D agency to immediately notify the licensing authority or authorities to reinstate, issue or renew the license or licenses of the obligor. The court also may order reinstatement, issuance or renewal of a license of such an obligor who is not intentionally unemployed and who is complying with an employment search supervised by the court. In the case of an obligor who is subject to a determination of delinquency by the IV–D agency on the basis of his failure to comply with a subpoena, warrant or summons, if the reviewing court finds with respect to the subpoena, warrant or summons, that the obligor (1) did comply, (2) was not properly served, or (3) failed to comply due to reasonable cause, the reviewing court shall order the IV–D agency to notify the licensing authority to reinstate, issue or renew the obligor's license, (4) any other defenses permitted by a court necessary for adjudication. (B) The licensing authority shall reinstate, issue or renew the license of the obligor upon receipt of notice from the reviewing court or the IV–D agency if the obligor is otherwise entitled thereto. (f) If an obligor whose license has been suspended, revoked or prohibited from being issued or renewed thereafter pays his child support arrearage in full, or complies with a payment plan with the IV–D agency, or complies with the subpoena, warrant or summons which was the basis for the final determination of delinquency, the IV–D agency shall notify the licensing authority that it shall reinstate, issue or renew the license of the obligor if the obligor is otherwise entitled thereto.

M.G.L. c. 119A, § 17 Procedures for collection and disbursement of child support; informational materials; review; appeals

c. 119A, § 17. Procedures for collection and disbursement of child support; informational materials; review; appeals Section 17. The department shall establish procedures for the prompt resolution of disputes concerning the collection and disbursement of child support and shall prepare informational materials for distribution to obligors and obligees describing such procedures and, where applicable, such procedures shall be consistent with section six of chapter one hundred and nineteen A. Such procedures shall include maintenance of an adequately staffed unit the principal duties of which shall be to respond to inquiries, with a widely publicized telephone line, to receive written requests from obligors and obligees for administrative review of the IV–D agency's actions in collecting and disbursing child support and to refer such requests to the appropriate unit within the department for resolution. Upon receipt of the necessary information and documentation from the obligor and obligee requesting administrative review, the department shall conduct the review and render a written decision of its determination to the person requesting the review. Such determination shall also notify such person that he may, upon exhaustion of the procedures for administrative review provided herein and within 45 days of such determination, seek judicial review in the court where the order or judgment was issued or registered or, if there is no such order or judgment, by filing a request for judicial review in the probate court in the county wherein the appellant resides; provided, however, that a request for judicial review shall be accompanied by a copy of the agency's determination. Upon receipt of the request for judicial review, the court shall notify the IV–D agency at least fourteen days prior to any hearing. Pursuant to relevant provisions of state and federal law, the court may review the determination made by the agency and may correct any mistakes of fact. Appeals from a decision of a court pursuant to this section may be made in the same manner as other judicial appeals.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119AFetched: 10/20/2026

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