Posts Tagged ‘Boston Massachusetts’
Massachusetts Under 21 OUI Defense Lawyer
Former Prosecutors Defending Under 21 DUI Clients
If you are under 21 and you charged with driving under the influence in Massachusetts, you are in serious trouble. The laws in Massachusetts regarding a DUI/OUI by an individual under 21 years old are extremely harsh. You could describe the laws as ZERO TOLERANCE laws.
If you register at .02% or above and are under 21 years old in Massachusetts, you will be charged with a DUI/OUI charge. A preliminary charge for an under 21 DUI in Massachusetts will result in your driver’s license being suspended for 30 days just for failing the breath test. Additionally, your license in Massachusetts will also be revoked for 210 days if you are convicted of an under 21 DUI/OUI. On top of your license being suspended, you fines and court costs will be in excess of $2500 and you will have attend a mandatory 16-week alcohol treatment program (one day a week). Lastly, you will be on probation for a year.
If your BAC is .20% or over, you must enter into a 2-week inpatient alcohol treatment program.
Do I really need a Massachusetts OUI/DUI lawyer if I am under 21 and charged with A DUI?
Since a .02% BAC level is extremely low and breathalyzers are notoriously inaccurate in their readings, it is possible to get arrested and charged with this offense without ever even taking a drink.
However to avoid a conviction for an under 21 DUI, an aggressive OUI/DUI defense must be formulated and executed. An Under 21 DUI will result in not being able to drive and this may result in some very serious consequences. Especially, if you are working or attending school and need a vehicle to get back and forth.
There are no “hardship” licenses available to those convicted of an Underage OUI.
You can count on the SRIS Law Group Massachusetts Underage OUI/DUI defense lawyers to thoroughly investigate every aspect of your case and identify any potential flaws in the arrest and charging of your underage DUI case.
Contact us immediately if you have been charged with an underage DUI in Massachusetts.
We have offices in Boston & Cambridge to better serve you.
Massachusetts Registry Hearings (RMV)
If you have been arrested and charged with an OUI/DUI in Massachusetts, you may have to go to a Massachusetts RMV Hearing to get your license to drive in Massachusetts reinstated. At the Registry Hearing, your ability to get your license reinstated is not guaranteed. You may have to meet a variety of conditions before your ability to legally drive in Massachusetts is permitted.
Some examples of these conditions are:
• Completing state-approved alcohol program in order to get your license back.
• In some cases, you may be able to obtain a “hardship” license. A hardship license may be granted by the RMV based on proof of employment and an explanation as to why you have to drive.
• A previous DUI/OUI conviction will usually result in you having to install an ignition interlock device installed in your car prior to the RMV permitting you drive.
Therefore, it is critical that an experienced Massachusetts OUI/DUI defense attorney assist you at a Registry Hearing and help you prepare for a RMV hearing.
Why Do You Need A License To Drive In Massachusetts?
If you don’t have a driver’s license in Massachusetts, your life may be thrown into chaos. For example, daily activities such as driving to work or school and other activities become a serious problem. Getting to work or your daycare provider via public transportation can become a nightmare. Imagine having to rely on co-workers or friends to get to work, to the doctor or even to the grocery store.
An experienced SRIS Law Group Massachusetts OUI/DUI attorney can help you get your life back on track by getting your driver’s license back at a Registry Hearing. This may be your first time at a Registry hearing, but we guarantee, it is not our first time. We have represented many people before a RMV hearing and know how to deal with a Registry Hearing.
We have offices in Boston & Cambridge to better assist you.
Massachusetts OUI/DUI and Suspended License
Former Prosecutors Defending DUI/OUI
A Massachusetts DUI/OUI is going to result in the loss of your license. How long you are going to lose your license as a result of an OUI/DUI in Massachusetts is going to be based on the facts of the DUI and whether you have an earlier conviction for an OUI. Therefore, if you have been charged an OUI/DUI in Massachusetts, it is critical to get experienced legal representation from Massachusetts OUI/DUI defense attorney who understands the impact a suspended license will have on your life.
Clients need to understand that there are ways to get your driver’s license back if you have lost as a result of a DUI conviction. The SRIS Law Group Massachusetts OUI and suspended license attorney know how to help you mitigate the suspension of your license as a result of a OUI/DUI in Massachusetts.
Can I really have my license suspended as a result of an OUI in Massachusetts?
The honest answer is YES. An OUI/DUI in Massachusetts is a very serious and complex matter. Having an experienced Massachusetts OUI/DUI attorney is critical to minimize the difficulties you will face when dealing with an OUI/DUI charge. A SRIS Law Group Massachusetts DUI/OUI attorney can provide you with the guidance necessary to understand the DUI process, what to expect in court and the RMV hearing & how to defend license and your right to drive.
In the event you have already been convicted of an OUI/DUI in Massachusetts, a SRIS Law Group Massachusetts OUI/DUI attorney can assist you with obtaining a “hardship license”.
If you have been charged with an OUI/DUI in Massachusetts, contact a SRIS Law Group OUI/DUI defense lawyer immediately.
We have offices in Boston & Cambridge to better serve you.
Massachusetts OUI/DUI Accident
Former Prosecutors Defending OUI/DUI Clients
Have you been charged with an auto accident as result of drinking and driving in Massachusetts?
Causing an OUI/DUI accident in Massachusetts is a serious offense. You are facing a very serious violation because you are not only facing a drinking and driving charge in Massachusetts, but you also endangered the health and safety of innocent drivers and passengers in Massachusetts.
Massachusetts District attorneys take these types of cases very seriously, and will not hesitate to prosecute you to the fullest extent of the law. We know this because out Massachusetts OUI/DUI defense attorneys were former district attorneys and they have thorough understanding of how serious this charge is in Massachusetts.
Therefore, if you have been charged with an OUI or DUI in Massachusetts and you are being accused of causing an accident as result of drinking and driving, you must contact an extremely skilled and experienced Massachusetts OUI attorney.
The penalties you face if you are convicted of an OUI accident are:
• Imprisonment
• More than $1,000 in fines
• License suspension or revocation
• Probation
• Community service
• Restitution the victim (if someone was hurt or killed in the accident)
• Mandatory DUI school
• Ignition Interlock Device
In the event that you are charged with a DUI accident in Massachusetts that resulted in the injury or death of another person, you will face very serious penalties. You may even be charged with an even more serious crime, such as vehicular manslaughter.
Massachusetts DUI Defense Attorneys
If you are being accused of causing a drunk driving accident, you can depend on the SRIS Law Group Massachusetts DUI defense attorneys to defend you and do their very best to help you. Our Massachusetts OUI defense attorneys understand the serious nature of the charges you are dealing with and how a conviction can affect your life.
Our Massachusetts DUI defense lawyers will do their absolute best help you get the charge reduced or if possible, completely dismissed.
We have offices in Boston & Cambridge to better serve you.
Massachusetts OUI/DUI Field Sobriety Tests & Defenses
FORMER PROSECUTORS
If you are stopped for a DUI/OUI in Massachusetts, a police officer may have you perform a variety of field sobriety tests that are commonly administered when stopped for suspicion of DUI or OUI.
Field sobriety tests are not a 100% accurate and can be administered incorrectly by a police officer. If you have been arrested for an OUI/DUI charge in Massachusetts, it is crucial that you contact a Massachusetts OUI/DUI defense lawyer to defend you.
Some of the different factors that can affect your performance during a field sobriety test are:
• Language problems resulting in an inability to follow orders
• Dizziness
• Balance problems
• Fear
• Medical problems
• Age
• Type of footwear
Keep in mind that the above factors can significantly affect your performance of a field sobriety test. Also, how well a Massachusetts police officer administers the test can affect the outcome of the field sobriety tests. If the police office acts aggressively and frightens the individual, then this too can cause the test results.
The most frequently administered field sobriety tests are:
• Reciting the alphabet
• Standing on one foot while counting
• Walking in a straight line
• Touching a finger to the nose
• Horizontal gaze nystagmus
• Nine-step heel-to-toe and turn
Contact a Massachusetts DUI Defense Lawyer
If you have been arrested and charged with a Massachusetts OUI/DUI due to the administration of field sobriety tests, it is crucial that you enlist the help of a Massachusetts OUI/DUI who knows and understands the flaws associated with a field sobriety test. Since the pass/fail aspect of field sobriety tests are highly subjective, an experienced Massachusetts DUI attorney will be able to bring to the court’s attention the flaws of the field sobriety tests.
Contact a SRIS Law Group Massachusetts OUI lawyer to discuss your case.
We have offices in Boston & Cambridge to better serve you.
Massachusetts OUI Drugs (OUID) Defense
Former Prosecutors Defend OUI Drug Cases
A Massachusetts OUI charge based on drugs in your system is as serious as drunk driving offense in Massachusetts. Regardless of whether you have taken a legal prescription drug — operating a vehicle under the influence of ANY drug that is affecting your driving will result in a DUI/OUI charge in Massachusetts. If the drug is an illegal substance such as marijuana, cocaine, ecstasy, methamphetamine, heroin or other controlled substance, and it is found in your possession, you may also be charged with possession of a controlled substance in Massachusetts.
If you have been charged with an OUI Drugs offense in Massachusetts, it is critical that you contact a SRIS Law Group Massachusetts OUI drugs defense attorney to defend you.
Massachusetts OUI Drugs Defense Lawyer in Boston & Cambridge
Since a breathalyzer test is not going to determine whether you are on a drug that is affecting your driving, it is not likely that a Massachusetts police officer will administer a breathalyzer if he thinks you are guilty of an OUI as a result of drugs being in your system. The police officer will first ask you to do some field sobriety tests to determine if you there is a basis for a Massachusetts OUI/DUI charge. If he believes he has sufficient facts to charge with an OUI based on drugs being in your system, he will arrest you for an OUI with Drugs (OUID).
A conviction for OUI with drugs will result in the same harsh penalties as a DUI or OUI offense in Massachusetts. An OUI with drugs will result in the loss of your license for a period of time, depending on if you had an earlier DUI conviction on your record, or if an accident occurred before you were arrested.
Contact a SRIS Law Group Massachusetts OUI drugs defense lawyer if you are charged with an offense of this nature.
We have offices in Boston & Cambridge to better serve you.
- MA BUI Defense
- MA Child Endangerment OUI/DUI Defense
- MA DUI/OUI Drugs Defense
- MA DUI/OUI First Time Offense
- MA Field Sobriety Tests
- MA OUI Penalties
- MA OUI/DUI Accident Defense
- MA OUI/DUI Suspended License
- MA Refusal of Breathalyzer
- MA RMV Hearings
- MA Under 21 DUI/OUI Defense
ABOGADO DE LICENCIA DE MANEJAR SUSPENDIDA EN MASSACHUSETTS
Manejar con una licencia suspendida es una ofensa criminal de trafico muy seria en Massachusetts. Si Ud. es acusado de manejar con la licencia suspendida deberia consultar imediatamente con un abogado de SRIS, P.C en Massachusetts.
En Massachusetts, es contra la ley manejar cuando la licencia de manejar esta suspendida o revocada. Esta ofensa tambien se reconoce como DOS & DWS.
Manejar sin tener una licencia tambien es contra la ley en Massachusetts. Especialmente si tu derecho para aplicar para una licencia ha sido suspendido o revocado.
Una persona que maneja un automovil en otro estado mientras su licencia es suspendida o revocada en el estado original de registracion pueden ser tambien condenados por esta ofensa.
LA OFICINA LEGAL SRIS, P.C. TIENE UNA OFICINA EN BOSTON MASSACHUSETTS Y CAMBRIDGE MASSACHUSETTS PARA MEJOR SERVIRLE A UD.
Si Ud. desea consultar con un abogado sobre el cargo de manejar con licencia suspendida o revocada en Massachusetts, póngase en contacto con nosotros al 877-437-7747 o mirenos on-line.
Si su licencia ha sido suspendida en Massachusetts, entonces su derecho de manejar es revocado durante un periodo de tiempo. Por ejemplo, la licencia es suspendida por un ano por la condena de manejar bajo la influencia de alcohol.
En Massachusetts, la ley require que el Departamento de Automoviles suspenda o revoque la licencia por ciertos tipos de ofensas como la falta de pagar multas o costos de la corte. Tambien, la ley permite al juez en Massachusetts suspender la licencia si esta relacionada a una ofensa de trafico como reckless driving.
Su licencia en Massachusetts hasta puede ser suspendida por falta de obedecer una orden de la corte. Por ejemplo, por falta de completer un programa de rehabilitacion impuesto por la corte.
En Massachusetts, es necesario tener seguro de auto y falta de proveder a la division de automoviles prueba de esta tambien puede resultar en la suspension de su licencia.
Los abogados de asuntos de trafico de Massachusetts en la firma de SRIS, P.C. tienen mucha experiencia asistiendo a clientes acusado de manejar sin licencia o con licencia suspendida. Ponganse en contacto con nosotros al 888-437-7747 o mirenos on-line.
MASSACHUSETTS CHILD SUPPORT
OBTAINING, MODIFYING & ENFORCEMENT
Clients in Massachusetts who need help with either obtaining child support or modifying an existing child support order can encounter some significant hurdles.
In theory, the Massachusetts legislature has created some very easy to follow rules in terms of determining child support. However, there are a variety of different factors to consider when determining child support.
Some of the different factors the courts have to evaluate when determining support in Massachusetts are:
- If someone is underemployed or voluntarily unemployed.
- How to handle a self employed individual’s income?
- How to determine if someone is declaring all of their income?
- What is income?
- How much support should be allocated to a child from a prior marriage?
- How to determine whether someone should get support based on shared custody guidelines vs. primary physical custody guidelines.
- How to go about enforcing a child support order?
- How to deal with a Show Cause Motion filed by one of the parties in a child support case?
These are just some of the issues a client who is dealing with child support in Massachusetts may have to deal with in a child support case.
If you or a loved one is dealing with child support issues in Massachusetts, then contacting a Massachusetts child support lawyer may be the best option.
The SRIS Law Group Massachusetts child support lawyers are familiar with the laws addressing child support in Massachusetts and can help you navigate this very complicated system.
If you need help with getting child support or modifying an existing child support order or filing a Show Cause Motion for failure to pay child support, the SRIS Law Group child support attorneys can help you with these types of issues.
Contact a SRIS Law Group Massachusetts child support attorney for help today.
Our Massachusetts child support attorneys and staff speak the following languages in addition to English: Arabic, Spanish, Mandarin, Cantonese, Tamil, Telugu, Hindi & French.
The following are some of the Massachusetts child support laws in Massachusetts:
CHILD SUPPORT STATUTES – MASSACHUSETTS.
CHAPTER 209C. CHILDREN BORN OUT OF WEDLOCK
Chapter 209C: Section 1. Declaration of purpose; definition; responsibility for support
Section 1. Children born to parents who are not married to each other shall be entitled to the same rights and protections of the law as all other children. It is the purpose of this chapter to establish a means for such children either to be acknowledged by their parents voluntarily or, on complaint by one or the other of their parents or such other person or agency as is authorized to file a complaint by section five, to have an acknowledgment or adjudication of their paternity, to have an order for their support and to have a declaration relative to their custody or visitation rights ordered by a court of competent jurisdiction. For the purpose of this chapter, the term “child born out of wedlock” shall refer to any child born to a man and woman who are not married to each other and shall include a child who was conceived and born to parents who are not married to each other but who subsequently intermarry and whose paternity has not been acknowledged by word or deed or whose paternity has not been adjudicated by a court of competent jurisdiction; and a child born to parents who are not married to each other whose paternity has been adjudicated by a court of competent jurisdiction, including an adjudication in a proceeding pursuant to this chapter or prior law. Every person is responsible for the support of his child born out of wedlock from its birth up to the age of eighteen, or, where such child is domiciled in the home of a parent and principally dependent upon said parent for maintenance, to age twenty-one. Each person charged with support under this section shall be required to furnish support according to his financial ability and earning capacity pursuant to the provisions of this chapter.
Section 3. Paternity and support actions; jurisdiction; enforcement of prior orders or judgments; juvenile court commitment proceedings; parents convicted of first degree murder
Section 3. (a) The district, Boston municipal and the probate and family court departments of the trial court shall have concurrent jurisdiction over complaints to establish paternity or support and the registration of voluntary acknowledgments of parentage; provided, however, that the district and Boston municipal court departments shall have no jurisdiction of custody or visitation matters under this chapter. Complaints to establish paternity or support or for voluntary acknowledgments of parentage which also include a request for an order relative to custody or visitation shall be filed only in the probate and family court department. No court shall make an order providing visitation rights to any parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child’s custodian or legal guardian.
(b) Any party to an action for paternity or support which is pending or was previously adjudicated by the district or Boston municipal court departments who seeks an order relative to custody or visitation may, after the adjudication or voluntary acknowledgment of paternity and entry of an order or judgment for support, file an action in the probate and family court department in the county where the child resides to determine custody or visitation. The filing of the action in the probate and family court shall act to transfer the case from the district court or the Boston municipal court department to the probate and family court department. The register of probate shall make entry in the docket that the case shall thereafter be heard only in the probate and family court department. The party seeking transfer shall notify the parties, the district court or the Boston municipal court and, if applicable, the IV-D agency as set forth in chapter 119A that the action has been transferred to the probate and family court department. The clerk magistrate of the district court or the Boston municipal court shall make entry in the docket of such transfer.
(c) The juvenile court department shall have concurrent jurisdiction to adjudicate paternity and support and to accept registration of voluntary acknowledgments of parentage under this chapter, provided that actions brought under this chapter are joined or consolidated with actions brought under section twenty-four of chapter one hundred and nineteen and, provided further, that the action under section twenty-four of chapter one hundred and nineteen is initiated before the filing of a complaint under this chapter.
(d) Any action pursuant to this chapter that is pending or was previously adjudicated in the district court or Boston municipal court departments may be transferred by any party or by the IV-D agency as set forth in chapter 119A to the probate and family court department in the county where the child resides or, if the child does not reside in the commonwealth and a court of the commonwealth has jurisdiction under chapter 209D, in the county where one of the parents resides. An action shall be transferred upon the filing of the following documents with the probate and family court:— (1) a copy of the complaint; (2) a copy of the order of the district court or Boston municipal court, if any; (3) a copy of the findings of the court, if any; (4) a copy of the financial statements submitted by the parties, if any; (5) a copy of the worksheet used to calculate the amount of the child support order pursuant to the child support guidelines, if any; and (6) a copy of the docket maintained by the district court or the Boston municipal court, if any. Once transferred, the order of the district court or the Boston municipal court shall have the same force and effect, and shall be subject to the same procedures and defenses as an order of the probate and family court and may be enforced or modified in the same manner available to enforce or modify any judgment or order of the probate and family court. Transfer of an order pursuant to this section shall not limit the use of any enforcement remedy, whether judicial or administrative, that may be available and the probate and family court shall preserve all arrears that have accrued pursuant to the order of the district or Boston municipal court departments.
(e) An order or judgment for support entered in the juvenile court department shall remain in full force and effect and shall be enforced in the division of the juvenile court department in which the original order or judgment of support was entered during the pendency of an action pursuant to section twenty-four of chapter one hundred and nineteen. Six months after the dismissal or final order of commitment pursuant to section twenty-four of chapter one hundred and nineteen, the order or judgment of support shall expire. At the time of such dismissal or final order of commitment, the clerk-magistrate shall notify the parties and the IV-D agency, as set forth in chapter one hundred and nineteen A, of the date of expiration of the support order or judgment. If, before the expiration of the order or judgment of support, any of the parties or said IV-D agency files an action for support in the Boston municipal court department or the appropriate division of the district or probate and family court departments, the prior order or judgment shall be transferred to that court department and shall remain in full force and effect and shall be enforced and modified in said court department.
Chapter 209C: Section 9. Judgment or order for support; health insurance; financial statement; determination of amount; notice
Section 9. (a) If the court finds that a parent is chargeable with the support of a child, the court shall make an order in accordance with subsection (c) requiring a parent to pay weekly or at other fixed periods a sum for and toward the current support and maintenance of such child. The court may make appropriate orders of maintenance, support and education for any child who has attained age eighteen but who has not attained age twenty-one, who is domiciled in the home of a parent and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. Upon the petition of a party, the court shall also order past support for the period from the birth of the child to the entry of the order, taking into consideration the parent’s ability to pay under subsection (c) and any support provided by the parent during such period. An order or judgment of support pursuant to this chapter shall be entered notwithstanding the default of the defendant or his failure to appear personally upon a showing that notice was served in accordance with the applicable rules of court. For good cause shown, the court may set aside an entry of default and, if a judgment has been entered, may likewise set it aside in accordance with rule 60(b) of the Massachusetts Rules of Domestic Relations Procedure. When the court makes an order or judgment for maintenance or support of a child, said court shall determine whether the obligor under such order or judgment has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support judgment or order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child. An order may be entered requiring a parent chargeable with support to reimburse the mother or the department of transitional assistance or the division of medical assistance or division of health care finance and policy for medical expenses attributable to the child or associated with childbirth or resulting from the pregnancy.
(b) Upon demand by either party, including the IV-D agency, the other party shall be compelled to provide a financial statement, except that the IV-D agency shall not be compelled to provide a financial statement for a recipient of public assistance, and, provided further, if no party makes such a demand, the court may require a financial statement of each party.
(c) In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the child support guidelines promulgated by the chief justice for administration and management. There shall be a rebuttable presumption that the amount resulting from 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. In the event that no child support guidelines are in effect, the court shall make such order as is in the best interests of the child, taking into consideration the financial ability and earning capacity of the parents of the child.
(d) It shall not be a defense that the parent from whom support is sought has ceased to have custody or the right to custody of a minor child for whom support is sought, or that the custodial parent is interfering with the other parent’s right of visitation.
[ Subsection (e) effective until July 8, 2008. For text effective July 8, 2008, see below.]
(e) If the child on whose behalf an order of support is sought is a recipient of benefits pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department of social services, the division of medical assistance or any other public assistance program has not been made a party as required by section 5, the court shall notify the IV-D agency of the order or judgment of support.
[ Subsection (e) as amended by 2008, 176, Sec. 112 effective July 8, 2008. For text effective until July 8, 2008, see above.]
(e) If the child on whose behalf an order of support is sought is a recipient of benefits pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program has not been made a party as required by section 5, the court shall notify the IV-D agency of the order or judgment of support.
(f) In determining the amount to be paid, the court, in addition to applying the standards established by the chief justice for administration and management, shall determine whether the obligor is responsible for the maintenance or support of any other children of the obligor even if a court order for such maintenance or support does not exist. If the court determines that such responsibility does, in fact, exist and that such obligor is fulfilling such responsibility, such court shall take into consideration such responsibility in setting the amount to be paid under the current order for maintenance or support.
Chapter 209C: Section 11. Acknowledgment of parentage; approval; parental agreements regarding custody, support and visitation
[ Text of section effective until July 8, 2008. For text effective July 8, 2008, see below.]
Section 11. (a) A written voluntary acknowledgment of parentage executed jointly by the putative father, whether a minor or not, and the mother of the child, whether a minor or not, and filed with the registrar of vital records and statistics or with the court shall be recognized as a sufficient basis for seeking an order of support, visitation or custody with respect to the child without further proceedings to establish paternity, and no judicial proceeding shall be required or permitted to ratify an acknowledgment that has not been challenged pursuant to this section. A report, prepared on an electronic system of birth registration approved by the commissioner of public health and indicating that an acknowledgment pursuant to this chapter has been executed in accordance with section 3C of chapter 46 and filed with the registrar of vital records and statistics, shall be presumed to be a sufficient basis for seeking an order of support, visitation or custody without further proceedings to establish paternity. The voluntary acknowledgment shall be attested to before a notary public and shall have the legal effect as provided in this section. Unless either signatory rescinds the acknowledgment within 60 days of the date of signing as provided in this section, the acknowledgment shall establish paternity as of the date it has been signed by such putative father and mother and shall have the same force and effect as a judgment of paternity, subject to challenge within one year only on the basis of fraud, duress or material mistake of fact; provided, however, that if, prior to the expiration of the 60-day period, the signatory is a party to an administrative or judicial proceeding related to the child, including a proceeding to establish child support, visitation or custody, and fails to rescind the acknowledgment at the time of such proceeding, the acknowledgment shall thereafter have the same force and effect as a judgment, subject to challenge only as provided in this section. The person seeking to rescind the acknowledgment shall, within 60 days of signing the acknowledgment, file a petition in the probate and family court in the county in which the child and one of the parents resides seeking to rescind the acknowledgment, with notice to the other parent. If neither of the parents lives in the same county as the child, then such complaint shall be filed in the county where the child lives. If the child whose paternity is challenged is a recipient of public assistance and the department of transitional assistance, the department of social services, the division of medical assistance or any other public assistance program has not been made a party, or if the child is receiving child support enforcement services from the IV-D agency pursuant to chapter 119A, the court shall notify the IV-D agency. The person seeking to rescind the acknowledgment shall bear the burden of proof in such proceeding. The responsibilities of a signatory arising from the acknowledgment shall not be suspended during the pendency of such challenge unless the court so orders for good cause shown. If either party rescinds the acknowledgment in a timely fashion, the court shall order genetic marker testing and proceed to adjudicate paternity or nonpaternity in accordance with this chapter; provided, however, that the rescinded acknowledgment shall constitute the proper showing required for an order to submit to such testing; and provided further, that the rescinded acknowledgment shall be admissible as evidence of the putative father’s paternity and shall serve as sufficient basis for admitting the report of the results of genetic marker tests. Upon adjudication of nonpaternity, the court shall instruct the registrar of vital records and statistics as provided in section 13 of chapter 46 to amend the birth record of the child in accordance with the order of the court.
[ Subsection (a) as amended by 2008, 176, Sec. 113 effective July 8, 2008. For text effective until July 8, 2008, see above.]
(a) A written voluntary acknowledgment of parentage executed jointly by the putative father, whether a minor or not, and the mother of the child, whether a minor or not, and filed with the registrar of vital records and statistics or with the court shall be recognized as a sufficient basis for seeking an order of support, visitation or custody with respect to the child without further proceedings to establish paternity, and no judicial proceeding shall be required or permitted to ratify an acknowledgment that has not been challenged pursuant to this section. A report, prepared on an electronic system of birth registration approved by the commissioner of public health and indicating that an acknowledgment pursuant to this chapter has been executed in accordance with section 3C of chapter 46 and filed with the registrar of vital records and statistics, shall be presumed to be a sufficient basis for seeking an order of support, visitation or custody without further proceedings to establish paternity. The voluntary acknowledgment shall be attested to before a notary public and shall have the legal effect as provided in this section. Unless either signatory rescinds the acknowledgment within 60 days of the date of signing as provided in this section, the acknowledgment shall establish paternity as of the date it has been signed by such putative father and mother and shall have the same force and effect as a judgment of paternity, subject to challenge within one year only on the basis of fraud, duress or material mistake of fact; provided, however, that if, prior to the expiration of the 60-day period, the signatory is a party to an administrative or judicial proceeding related to the child, including a proceeding to establish child support, visitation or custody, and fails to rescind the acknowledgment at the time of such proceeding, the acknowledgment shall thereafter have the same force and effect as a judgment, subject to challenge only as provided in this section. The person seeking to rescind the acknowledgment shall, within 60 days of signing the acknowledgment, file a petition in the probate and family court in the county in which the child and one of the parents resides seeking to rescind the acknowledgment, with notice to the other parent. If neither of the parents lives in the same county as the child, then such complaint shall be filed in the county where the child lives. If the child whose paternity is challenged is a recipient of public assistance and the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program has not been made a party, or if the child is receiving child support enforcement services from the IV-D agency pursuant to chapter 119A, the court shall notify the IV-D agency. The person seeking to rescind the acknowledgment shall bear the burden of proof in such proceeding. The responsibilities of a signatory arising from the acknowledgment shall not be suspended during the pendency of such challenge unless the court so orders for good cause shown. If either party rescinds the acknowledgment in a timely fashion, the court shall order genetic marker testing and proceed to adjudicate paternity or nonpaternity in accordance with this chapter; provided, however, that the rescinded acknowledgment shall constitute the proper showing required for an order to submit to such testing; and provided further, that the rescinded acknowledgment shall be admissible as evidence of the putative father’s paternity and shall serve as sufficient basis for admitting the report of the results of genetic marker tests. Upon adjudication of nonpaternity, the court shall instruct the registrar of vital records and statistics as provided in section 13 of chapter 46 to amend the birth record of the child in accordance with the order of the court.
(b) If a mother and father execute a voluntary acknowledgment of parentage as provided in (a), they may also make agreements regarding custody, support and visitation. Such agreements may be filed with any court with jurisdiction pursuant to this chapter; provided, that any such agreement which includes issues of custody or visitation must be filed with a division of the probate and family court department in the judicial district or county in which the child and one of the parents lives. Such agreements, if filed with and approved by the court shall have the same force and effect as a judgment of the court; provided, however, that the court shall have the same power to investigate the facts regarding custody, support and visitation prior to entering an order relative to those issues as it would have if no agreement had been filed; and provided further, that an agreement regarding custody and visitation shall be approved only if the court finds it to be in the best interests of the child.
(c) Voluntary acknowledgments and agreements made pursuant to this chapter shall be acknowledged in the presence of a notary public and shall include the residence addresses and social security numbers of each of the parents, the residence address of the child and, if available, the social security number of the child.
(d) A voluntary acknowledgment of parentage taken outside of the commonwealth shall be valid for the purposes of this section if it was taken in accordance with the laws of the state or the country where it was executed.
Chapter 209C: Section 18. Judgments or orders of support; enforcement
Section 18. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of chapter one hundred and nineteen A.
Chapter 209C: Section 19. Judgment or temporary order of support; enforcement
Section 19. A judgment of support issued in conclusion of a proceeding under this chapter or a temporary support order issued under this chapter may be enforced with one or more of the following methods:
(1) contempt in accordance with sections thirty-four and thirty-four A of chapter two hundred and fifteen;
(2) execution of the judgment;
(3) attachment of or lien against property;
(4) trustee process, in accordance with the provisions of chapter two hundred and forty-six;
(5) equitable actions to reach and apply for the enforcement of judgments; and
(6) 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, and two hundred and nine, or received, entered or registered pursuant to chapter two hundred and nine D, including any remedy available under chapter 119A.
Chapter 209C: Section 20. Modification of judgments; jurisdiction
Section 20. A court with original jurisdiction pursuant to section three has continuing jurisdiction, upon a complaint filed by a person or agency entitled to file original actions, to modify judgments of support, custody or visitation; provided however, that no modification concerning custody or visitation shall be granted unless the court finds that a substantial change in the circumstances of the parties or the child has occurred and finds modification to be in the child’s best interests. Except as restricted by section twenty-three, the court may also modify a judgment to protect a party or child. In furtherance of the public policy that dependent children be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of support, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. 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 the 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. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the original order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance. For cases being enforced by the IV-D agency as set forth in chapter 119A, a support order may also be modified in accordance with section 3B of said chapter 119A.
Chapter 209D: Section 1-101. Definitions
Section 1-101. Definitions. In this chapter:
(1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) “Child support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.
(3) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(4) “Home state” means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(5) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of the commonwealth.
(6) “Income-withholding order” means an order or other legal process directed to an obligor’s employer, other source of periodic income, as defined by 1A of chapter one hundred and nineteen A, or other debtor to withhold support from the income of the obligor.
(7) “Initiating state” a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
(8) “Initiating tribunal” means the authorized tribunal in an initiating state.
(9) “Issuing state” means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(10) “Issuing tribunal” means the tribunal that issues a support order or renders a judgment determining parentage.
(11) “Law” includes decisional and statutory law and rules and regulations having the force of law.
(12) “Obligee” means:
(i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(iii) an individual seeking a judgment determining parentage of the individual’s child.
(13) “Obligor” means an individual, or the estate of a decedent:
(i) who owes or is alleged to owe a duty of support;
(ii) who is alleged but has not been adjudicated to be a parent of a child; or
(iii) who is liable under a support order.
(14) “Register” means to file a support order or judgment determining parentage in a tribunal.
(15) “Registering tribunal” means a tribunal in which a support order is registered.
(16) “Responding state” means a state in which a proceeding is filed or to which a proceeding is forwarded under this chapter or a law or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17) “Responding tribunal” means the authorized tribunal in a responding state.
(18) “Spousal-support order” means a support order for a spouse or former spouse of the obligor.
(19) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “state” shall include: (i) an Indian tribe; and (ii) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
(20) “Support enforcement agency” means a public official or agency authorized to seek:
(i) enforcement of support orders or laws relating to the duty of support;
(ii) establishment or modification of child support;
(iii) determination of parentage; or
(iv) to locate obligors or their assets.
(21) “Support order” means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney’s fees, and other relief.
(22) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.
Chapter 209D: Section 2-206. Enforcement and modification of support order by tribunal having continuing jurisdiction
Section 2-206. Enforcement and modification of support order by tribunal having continuing jurisdiction.
(a) A tribunal of the commonwealth may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.
(b) A tribunal of the commonwealth having continuing, exclusive jurisdiction over a support order may act as a responding tribunal under this chapter to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Section 3-316 (Special Rules of Evidence and Procedure) to receive evidence from another state and Section 3-318 (Assistance with Discovery) to obtain discovery through a tribunal of another state.
(c) A tribunal of the commonwealth which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.
Chapter 209D: Section 2-207. Recognition of child support orders
Section 2-207. (a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal shall control and shall be so recognized.
(b) If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals of the commonwealth or another state or by tribunals of more than one jurisdiction with regard to the same obligor and child, a tribunal of the commonwealth shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(1) if only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of such tribunal shall control and shall be so recognized.
(2) if more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child shall control and shall be so recognized; provided, however, that if an order has not been issued in the current home state of the child, the order most recently issued shall control and shall be so recognized.
(3) if none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of the commonwealth having jurisdiction over the parties shall issue a child support order which shall control and shall be so recognized.
(c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in the commonwealth, a party may request a tribunal of the commonwealth to determine which order shall control and shall be so recognized under subsection (b). The request shall be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a), (b) or (c) shall be the tribunal that has continuing, exclusive jurisdiction under section 2-205.
(e) A tribunal of the commonwealth which determines by order the identity of the controlling order under clause (1) or (2) of subsection (b) or which issues a new controlling order under clause (3) of said subsection (b) shall state in such order the basis upon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy shall be subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file shall not affect the validity or enforceability of the controlling order.
(g) Any action pursuant to former chapter 273A that is pending or was previously adjudicated in the district court or the Boston municipal court department may be transferred to the probate and family court department by any party or by the IV-D agency as set forth in chapter 119A. An action shall be transferred upon the filing of the following documents with the probate and family court: (1) a copy of the petition, if any, and accompanying documents; (2) a copy of the order of the district court or Boston municipal court, if any; (3) a copy of the findings of the court, if any; (4) a copy of the financial statements submitted by the parties, if any; (5) a copy of the worksheet used to calculate the amount of the child support order pursuant to the child support guidelines, if any; and (6) a copy of the docket maintained by the district court or the Boston municipal court, if any. Once transferred, the order of the district court or the Boston municipal court shall have the same force and effect and shall be subject to the same procedures and defenses as an order of the probate and family court and may be enforced or modified in the same manner available to enforce or modify any judgment or order of the probate and family court. Upon transfer, the provisions of this chapter shall apply. Transfer of an order pursuant to this section shall not limit the use of any enforcement remedy, whether judicial or administrative, that may be available and the probate and family court shall preserve all arrears that have accrued pursuant to the order of the district or Boston municipal court departments.
Chapter 209D: Section 2-208. Multiple child support orders for two or more obligees
Section 2-208. Multiple child support orders for two or more obligees. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of the commonwealth shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of the commonwealth.
Chapter 209D: Section 2-209. Credit for payments
Section 2-209. Credit for payments. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of the commonwealth.
Chapter 209D: Section 4-401. Petition to establish support order
Section 4-401. Petition to establish support order.
(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the commonwealth may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in another state.
(b) The tribunal may issue a temporary child support order if:
(1) the respondent has signed a verified statement acknowledging parentage;
(2) the respondent has been determined by or pursuant to law to be the parent; or
(3) there is other clear and convincing evidence that the respondent is the child’s parent.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 3-305 (Duties and Powers of Responding Tribunal).
Chapter 209D: Section 5-504. Withholding of child support pursuant to order issued in another state; civil liability
Section 5-504. An employer or other source of periodic income who complies with an income withholding order issued in another state in accordance with this chapter shall not be subject to civil liability to an individual or agency with regard to the withholding of child support by the employer or other source of periodic income from the obligor’s income.
Chapter 209D: Section 6-609. Procedure to register child support order of another state for modification
Section 6-609. Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in the commonwealth in the same manner provided in Part 1 of this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Chapter 209D: Section 6-610. Effect of registration for modification
Section 6-610. Effect of registration for modification. A tribunal of the commonwealth may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of the commonwealth, but the registered order may be modified only if the requirements of Section 6-611 (Modification of Order of Another State) have been met.
Chapter 209D: Section 6-611. Modification of child support order of another state
Section 6-611. Modification of child support order of another state.
(a) After a child support order issued in another state has been registered in the commonwealth, the responding tribunal of the commonwealth may modify that order only if section 6-613 does not apply and after notice and hearing it finds that:
(1) the following requirements are met:
(i) the child, the individual obligee, and the obligor do not reside in the issuing state;
(ii) a petitioner who is a nonresident of the commonwealth seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of the commonwealth; or
(2) the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of the commonwealth and each of the parties who are individuals has filed a written consent in the issuing tribunal for a tribunal of the commonwealth to modify the support order and assume continuing, exclusive jurisdiction over such order; provided, however, that if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this chapter, the consent otherwise required of an individual residing in the commonwealth shall not be required for the tribunal to assume jurisdiction to modify the child support order.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the commonwealth and the order may be enforced and satisfied in the same manner.
(c) A tribunal of the commonwealth may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under section 2-207 establishes the aspects of the support order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state, a tribunal of the commonwealth becomes the tribunal of continuing, exclusive jurisdiction.
(e) Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.
Chapter 209D: Section 6-612. Recognition of order modified in another state
Section 6-612. Recognition of order modified in another state. A tribunal of the commonwealth shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall:
(1) enforce the order that was modified only as to amounts accruing before the modification;
(2) enforce only nonmodifiable aspects of that order;
(3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
(4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Chapter 209D: Section 6-613. Child support order; child resides out of state; jurisdiction
Section 6-613. (a) If all of the parties who are individuals reside in the commonwealth and the child does not reside in the issuing state, a tribunal of the commonwealth shall have jurisdiction to enforce and modify the issuing state’s child support order in a proceeding to register such order.
(b) A tribunal of the commonwealth exercising jurisdiction under this section shall apply the provisions of this article and articles 1 and 2, and the procedural and substantive law of the commonwealth to the proceeding for enforcement or modification. The provisions of articles 3, 4, 5, 7 and 8 shall not apply.
Chapter 209D: Section 6-614. Modified child support orders; filing certified copies with tribunals
Section 6-614. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy shall be subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file shall not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XVII. PUBLIC WELFARE
CHAPTER 119A. CHILD SUPPORT ENFORCEMENT
Chapter 119A: Section 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 administrative 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.
Chapter 119A: Section 5. Collection and disbursement of child support payments; use of undisbursed payments; termination of public assistance; rights of obligee
[ Subsection (a) effective until July 8, 2008. For text effective July 8, 2008, see below.]
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 social services, 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.
[ Subsection (a) as amended by 2008, 176, Sec. 105 effective July 8, 2008. For text effective until July 8, 2008, see above.]
(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.
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.
CHAPTER 119A. CHILD SUPPORT ENFORCEMENT
Chapter 119A: Section 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 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.
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