Massachusetts State Law
A. General/Program-At-A-Glance
B. UIFSA
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
Austria, British Columbia, Germany, Manitoba, Norway, Nova Scotia, Nunavut, Quebec, Sweden, United Kingdom. |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
No |
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) ** |
No |
D. Age of Majority
E. Statute of Limitations
E1. What is your State's statute of limitations for collection of past-due support? |
Appellate cases have determined that because child support orders are judgments by operation, the 20 year statute of limitations applicable to judgments applies. Lombardi v. Lombardi, 68 Mass. App. Ct. 407 (2007)
For Additional Information - No Link Provided |
E2. What is your State's statute of limitations for paternity establishment? |
None.
For Additional Information - No Link Provided |
E3. Is dormancy revival/renewal possible? |
No |
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible. |
N/A
For Additional Information - No Link Provided |
F. Support Details
G. Income Withholding
H. Paternity
H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation? |
No |
H1.1. If yes, please explain. |
Custody and visitation are not routinely addressed in a child support proceeding and are never addressed by IV-D attorneys. As a practical matter, however, the court may include language in the child support order regarding custody and visitation. |
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
97%.
For Additional Information - No Link Provided |
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive. |
60 days from the date the acknowledgment is signed and properly filed.
For Additional Information - No Link Provided |
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive? |
04/13/1994 |
H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
No optional comments.
For Additional Information - No Link Provided |
H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
H5.1. If yes, how is the presumption rebutted? |
May be rebutted by testimony as to lack of access or genetic testing.
For Additional Information - No Link Provided |
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity? |
No |
H6.1. If no, briefly explain. |
Prior to April 13, 1994, a father's name on the birth certificate was not a conclusive determination of paternity. After April 13, 1994, the father's name is placed on the birth certificate only if a court adjudicates paternity or the father signs a voluntary acknowledgement. Paternity is conclusively determined at the time of the court adjudication or the 60 day rescission period after the mother and father sign the acknowledgement has elapsed.
For Additional Information - No Link Provided |
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity? |
04/13/1994 |
H8. Does your state have any other paternity-related presumptions? |
Yes |
H8.1. If yes, briefly explain. |
M.G.L. c. 209C, 6. Attempted to marry, agreed to support the child, jointly held out as own, acknowledged paternity in a parental responsibility claim. |
H9. Does your state have a putative fathers' registry? |
Yes |
H9.1. If yes, what is the name of that entity? |
Department of Children and Families.
For Additional Information - No Link Provided |
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics? |
Yes |
H10.1. If yes, please describe any circumstances under which these fees may be waived. |
Fees are $20.00 per certified copy at their public counter and $32.00 by mail.
For Additional Information - No Link Provided |
H11. Is common-law marriage recognized in your state? |
No |
H11.1. If yes, briefly describe the standard that defines common-law marriage. |
N/A |
H11.2. When did your current common-law standard go into effect? |
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A
For Additional Information - No Link Provided |
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing? |
Written testimony or paternity affidavit is acceptable in UIFSA cases. In addition, the court has discretion to allow other forms of testimony. |
H13. Give the statutory citation for your state's long-arm statute and list any special provisions. |
M.G.L. chapter 23A, section 3 and M.G.L. Chapter 209D, 2-201
For Additional Information - No Link Provided |
H14. Does your state recover genetic testing costs for another state? |
No |
H14.1. If yes, please explain. |
N/A |
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed? |
As of April 13, 1994, paternity must be established before a father's name may be placed on a birth certificate. Paternity may be established via either a voluntary acknowledgment or court order. If a voluntary acknowledgment is completed, the father's name will be placed on the birth certificate automatically. If paternity is established via court order, the order must also provide that the birth record be amended and the court must provide data required by the Registry of Vital Records to amend the record. |
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One transmittal with a paternity affidavit and birth certificate for each child is required. |
I. Support Order Establishment
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative procedures available. |
J2. Is the lien process in your state judicial, administrative, or both? |
Administrative procedures available. |
J2.1. What are the trigger criteria for filing a lien? |
Property subject to lien 30 days after DOR sends notice of child support debt. Where agency determines collection of debt will be jeopardized by delay, lien may be filed without regard to 30-day period. See M.G.L. c. 119a. 6(b).
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J2.2. Where are your state liens filed? |
RE- Registry of Deeds where the obligor resides or owns property. PP-Secretary of State, Registrar of Motor Vehicles, a municipality or other office/agency responsible for filing liens. |
J2.3. Does your state charge a fee for filing a lien? |
No |
J2.4. If yes, please indicate the amount. |
N/A |
J.3. Does your state enforce property seizure and sale? |
Yes |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administrative and judicial procedures available. |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
Administrative procedures available. |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
Notice sent annually. |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
Yes |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
The State. |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
Massachusetts law requires DOR to send timely written notice to the obligor of any action taken to perfect a lien, execute a levy or seize any property. See M.G.L. c. 119a 6(b)(10). |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
DOR does not issue bank levies unless the obligor has received notice of the child support debt within the last 12 months, there is a valid court order and either of the following financial criteria is met: arrears, interest and penalty, less amounts on hold, are $1,500 or more or the obligor has failed to make any "non-enforcement" payments in the prior 6 weeks. (A "non-enforcement" payment is a payment made without the use of administrative enforcement action.) |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
There is no minimum dollar amount, as obligors are eligible for bank levy if arrears, interest and penalties equal $1,500 or more or if there have been no payments (other than those collected as a result of enforcement actions) in the past 6 weeks.
For Additional Information - No Link Provided |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
DOR can proceed with bank levy as long as 30 days have passed since the initial notice of the child support debt was sent to the obligor. Where agency determines collection of debt will be jeopardized by delay, bank levy can proceed without regard to 30-day period. |
J5.3.1. If yes, please provide the time frame. |
See J5.1 |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
No |
J5.4.1. If yes, provide the percentage. |
N/A |
J5.4.2. Is the percentage different for joint accounts? |
No |
J5.4.3. If yes, describe. |
N/A |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
No, but financial institutions are instructed not to send a payment if the amount to be levied, minus the bank's processing fee, is less than $25. |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
Financial Institution. |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
Obligor and/or account holders must contact agency within 15 days of date notice was sent to obligor to challenge the levy.
For Additional Information - No Link Provided |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
If an obligor or joint account holder disagrees with the agency's decision regarding the challenge to the bank levy, the obligor or joint account holder can file a complaint for judicial review within 45 days of the date of the agency's decision. See M.G.L. c. 119a. 6(c). |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
Obligor or other account holder can challenge the bank levy on the grounds that the funds in the account are not subject to levy because they were deposited from a needs-based benefits program, funds do not belong to the obligor and the obligor derives no personal benefit from the funds, or the amount levied is more than the amount owed; that no arrears are owed; that the account holder is not the child support obligor; or because the levy will cause severe financial hardship.
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Administrative. |
J5.11. What are your state's penalties for incorrect seizures? |
None. |
J5.12. Is the second challenge administrative, judicial, or both? |
Judicial - obligor can file a complaint for judicial review. |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
15 days from date of notice. No unique requirements. Non-Debtor has same appeal rights as obligor. |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Centralized and Automated. |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
None. |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
Yes |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
If the property to be levied is a security, or 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 or usual course of investing, but may not receive funds resulting from such sale for a period up to 45 days. At the end of the 45 days, if the agency has not rescinded the levy, extended the time period, or otherwise notified the financial institution not to remit the funds, the financial institution must liquidate sufficient securities or shares to satisfy the full amount of the lien and remit the liquidated funds to DOR. M.G.L. c. 119A, 6(b)(6)
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
The financial institution is instructed to hold the levied funds for a period of 21 days. Upon receipt of levied funds from the financial institution, the agency holds the funds for an additional 21 days.
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
The financial institution is required to remit the obligor's assets at the end of the 21-day hold period.
For Additional Information - No Link Provided |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Worker's compensation, unemployment compensation - administrative procedures available. |
J7. Describe any other administrative enforcement procedures your state may have. |
Insurance liens- administrative procedures available. |
J8. Describe any other judicial enforcement procedures your state may have. |
Contempt- judicial procedures available. |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
DOR has not established specific procedures for registering administrative liens. When another state wants to register an administrative lien, it must send a UIFSA request for enforcement to DOR. Any lien DOR has, whether it is an in-state or out-of-state debt, would cover any and all arrearages we are enforcing.
For Additional Information - No Link Provided |
J10. Which of your state's enforcement remedies are available without judicial actions? |
Depending upon the facts of the case, DOR will use any or all administrative remedies without registration. |
J11. Describe your state's procedures for registering and enforcing another state's order. |
DOR registers an order for enforcement if the noncustodial parent requests administrative review to contest administrative enforcement and is unsatisfied with DOR's final determination, or if DOR determines it is appropriate to pursue contempt or other judicial enforcement. |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
No procedures are required. |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
J13.1. If yes, provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
An annual notice was sent to the obligor, there is a valid court order, the case is current support or arrears only, arrears plus interest in all eligible cases is $1,500 or more. |
J15. To which credit bureaus does your state report an obligor's child support information? |
Experian and Innovis. |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative. |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
We do not currently have the capability of creating an AEI case on our system but are building in the process on our new system. We can accommodate requests to seize identified assets. |
J19. What documentation does your state require to proceed with an AEI request? |
A Child Support Enforcement Transmittal #3 with specific information about the asset. |
J20. What mandatory data elements does your state need to process AEI requests? |
Custodial Parent, Noncustodial Parent and Dependent Name and DOB. Noncustodial parent SSN, requesting state case ID, certified amount of arrears, monthly obligation, date of last payment, and requesting state FIPS code.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
None. |
J22. How many copies/sets of documents does your state require with an AEI request? |
One. |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
A notice notifying the obligor of the amount of the debt and providing him/her an opportunity to challenge was sent, there is a valid court order, the case is current support or arrears only, arrears plus interest in all eligible cases is $1,500 or more. |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
Yes |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
N/A |
J25. What is the procedure for obtaining a certified copy of a court order? |
Submit a Child Support Enforcement Transmittal #3. |
J26. What is the procedure for obtaining a certified payment record? |
Submit a Child Support Enforcement Transmittal #3. |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
No. |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
J29. What triggers a driver's license revocation? |
Driver's license suspension is triggered automatically if the total arrears principal and interest for all of an obligor's eligible cases, after crediting amounts on pre-distribution hold, is $50 or more and there have been no payments for the prior 8 weeks. In certain circumstances, the driver's license suspension process can be manually initiated prior to 8 weeks of non-payment. |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
Yes. |
J29.2 If yes, what is the amount? |
$50 in arrears principal and interest, after crediting amounts on pre-distribution hold, and there have been no payments for the prior 8 weeks. |
J30. Under what conditions may a noncustodial party restore the driver's license? |
A driver's license may be reinstated after suspension if the obligor pays the total balance (arrears, interest and penalty) owed in all cases. For first license suspension actions only, a driver's license may be reinstated if a) the obligor has already paid the total amount due for the prior 8 weeks (including any arrears obligation) or pays the difference between the total amount due and the amount actually paid for the prior 8 weeks; or b) the obligor needs the driver's license to commute to a job to which an income withholding order was issued; or c) the obligor requires a driver's license to access medical care for self or a dependent child. A license payment agreement must be signed if the obligor pays less than the total amount of arrears owed. |
J30.1 What is the process for restoring a driver's license? |
The obligor must meet the payment conditions or otherwise demonstrate a need that warrants reinstatement (license needed to commute to job or to access medical care for self or dependent child). The obligor must sign a license payment agreement, unless obligor is paying total arrears owed. Upon satisfaction of terms for reinstatement, DOR notifies the Registry of Motor Vehicles that obligor's driver's license should no longer be suspended for failure to pay child support. The license is not reinstated until the applicable registry fees are paid. |
J31. Does your state allow temporary or conditional driver's licenses? |
No |
J31.1 If yes, what are the conditions? |
N/A |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
Yes. |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
Yes. |
J33.2 What is the dollar amount? |
$150 (arrears + interest, less amounts on pre-distribution hold) for public assistance cases. $500 (arrears + interest, less amounts on pre-distribution hold) for non-public assistance cases. |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
Yes. |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
No. |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
N/A |
J36.2 What is the dollar amount? |
N/A |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
No |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
N/A |
J38.2 What is the dollar amount? |
N/A |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
No. |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
Yes. Under Massachusetts law, a court may give a noncustodial parent a credit against a child support order calculated under the Massachusetts Child Support Guidelines, if the custodial parent receives dependent benefits for the child based on the noncustodial parent's RSDI income. The noncustodial parent must seek and obtain a modification of the child support order in the appropriate court to receive credit. The credit cannot be provided administratively. |
K. Modification and Review/Adjustment
K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
Every three years in TANF cases or upon request in TANF and non-TANF cases.
For Additional Information - No Link Provided |
K2. Briefly describe your state's modification procedure. |
Modification is a judicial process. Modification is pursued if an adjustment is warranted based upon application of the Child Support Guidelines or the need for health care coverage, or if a complaint to modify is filed with the court. |
K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
All modifications require a court order, and the court does not use a percentage threshold or dollar amount to determine eligibility. While screening cases every three years to determine whether to request modification from the court, we require a 15% deviation from the current child support order. If one of the parties comes to us with a request for modification, the change in the order must be more than $5 per week. Parties who do not meet our criteria for asking the court for a modification are directed to file a request directly with the court. |
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
K4.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
K4.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
Yes |
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
K4.6. There has been a substantial change in childcare expenses. |
Yes |
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Massachusetts General Laws provide that child support orders shall be modified if there is an inconsistency between the amount of the existing child support order and the amount that would result from application of the child support guidelines. M.G.L. c. 208, 28, M.G.L. c. 209C, 20, M.G.L. c. 209, 37. A change in circumstances, therefore is not required for an order to be modified. Only information that is relevant to calculating an order based on the child support guidelines would be considered. The criteria in K4.1 - K4.6 could all affect the guidelines amount and therefore would potentially result in a modification of the child support order. |
K5. Does your state have cost of living adjustments (COLAs) for orders? |
No |
K5.1. If yes, what index does your state use? |
Statute allows for it, but that provision is not used by IV-D at this time. |
K6. How does your state credit SSA disability to current and past-due support? |
When a current support order is in place, MA law requires a noncustodial parent to seek a modification to receive credit for Social Security dependent benefits. |
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
No |
K7.1. If yes, explain the circumstances? |
N/A |
K7.2. What is the statutory citation for your abatement law? |
N/A
For Additional Information - No Link Provided |
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
For Additional Information - No Link Provided |
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Requests may be made by mail to, Registry of Vital Records and Statistics, 150 Mount Vernon Street, 1st floor, Dorchester, MA 02125-3105. The cost of a record requested by mail is $28.00 each. Records may also be requested by e-mail at uscerts.com for a cost of $42.50 each. Records are also available by fax or telephone with a major credit card. For more detailed information about requests and fees, please see: http://www.mass.gov/eohhs/gov/departments/dph/programs/health-stats/vitals/obtaining-certified-copies-of-vital-records.html |
K8. What information does your state require to register an out-of-state order for enforcement/modification? |
Child Support Enforcement Transmittal #1 - Initial Request Registration Statement General Testimony Child Support Order or Divorce Decree - certified copy Prior support orders (only if arrears are impacted) Affidavit of Arrears |
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
Massachusetts law provides that 125% of the last current support order may be collected until all arrears are paid. An income withholding order remains in effect until such time as there is no longer a child support order and all arrears are paid in full. G.L. c. 119A, 12(c). All judgments and orders for support entered in the Commonwealth must include a provision for income withholding payable to the IV-D agency on behalf of the obligee. G.L. c. 119A, 12. If arrears accrue under an order or prior to entry of an order, the amount of income withholding must be increased by twenty-five percent until such arrearage is paid off; the IV-D agency is authorized to implement the twenty-five percent increase administratively, without the need for any further judicial hearing or court order. G.L. c. 119A, 12 (b)(6). |
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
The IWO would be in the amount of the last current support order plus the court-ordered arrears payment (or 125% of the last current support order if there was no court-ordered arrears amount). |
K10. What circumstances will cause your state to end child support before the normal duration? ** |
The obligation to pay child support ends in accordance with the terms of the court order. If either parent wants child support to end at a different date, he or she must return to court. A court may terminate the obligation to pay current support for reasons such as parents reconciling or if the obligor obtains custody. |
L. Payments
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
Yes |
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
Yes |
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17) |
No |
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18) |
No |