Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Massachusetts State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? There are five regional offices and two satellite offices. In addition, there is a customer service call center. A3. With what types of agencies do you have cooperative agreements? Including, but not limited to, Trial Court Department, District Attorneys, Department of Employment and Training, Department of Public Health - Bureau of Vital Statistics, Department of Industrial Accidents, Department of Transitional Assistance, Office of the State Treasury, Division of Registration and other agencies that assist with location. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes A4.1. If yes, what is the statutory citation? M.G.L. c. 119A, § 3 For Additional Information - http://www.mass.gov/legis/laws/mgl/119a-3.htm A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 02/10/1995       B2. What is the effective date of your State's UIFSA? 02/10/1995   B3. What is the statutory citation for your State's Act? M.G.L. c. 209D. For Additional Information - http://www.mass.gov/legis/laws/mgl/gl-209d-toc.htm B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Austria, British Columbia, Germany, Manitoba, Norway, Nova Scotia, Nunavut, 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. No. We don't provide this service. C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services.   D. Age of Majority D1. What is the age of majority in your State? 18 years of age. (See also D3.) D2. What is the statutory citation for the age of majority? M.G.L. c. 4, s. 7. For Additional Information - http://www.mass.gov/legis/laws/mgl/4/4-7.htm D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 21 years of age. D4. Does the date of the order impact what law is applied? No  D4.1. If yes, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. In answer to D5 above, no, not automatically. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. A court, in its discretion, may order support up to age: 1. 21 if a child is domiciled with a parent and principally dependent on that parent. 2. 23 if a child is domiciled with a parent and principally dependent on that parent due to the child's enrollment in an education program, excluding educational costs beyond an undergraduate degree. M.G.L. c.208, s.28; M.G.L. c.209c, s.9. A court may also order support for an adult child who is mentally or physically disabled. (See Fienberg v. Diamant, 378 Mass. 131, 389 N.E.2d 998 (1979)). D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. We follow the terms of the court order and do no automatically reduce current support unless the order is a per child order. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? None. 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. Please explain the circumstances when possible, and the length of time possible.   F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Shared Income Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 12%. Depending upon payments received, in accordance with Massachusetts's regulations, obligors might not be assessed interest or might be eligible to apply for a waiver under certain circumstances. M.G.L. 119A, ?(6)(a), 830 CMR ?119A.6.1. F2.1. If yes, please indicate the amount of interest charged and any related conditions. The monthly interest rate is 1%. Interest is charged at the end of any month in which the obligor owes more than $500 in past-due support and has not paid the minimum monthly payment. M.G.L. c. 119A, s. 6(a), 830 CMR 119A.6.1. In certain circumstances, an obligor may be exempt from interest charges or might be eligible to apply for a waiver of interest that has already accrued. F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. The monthly interest rate is 1%. Interest is charged at the end of any month in which the obligor owes more than $500 in past-due support and has not paid the minimum monthly payment. M.G.L. c. 119A, s. 6(a), 830 CMR 119A.6.1. In certain circumstances, an obligor may be exempt from interest charges or might be eligible to apply for a waiver of interest that has already accrued. M.G.L. c. 119A, s. 6(a), 830 CMR 119A.6.1 F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged at the end of any month in which the obligor owes more than $500 in past-due support and has not paid the minimum monthly payment. M.G.L. c. 119A, s. 6(a), 830 CMR 119A.6.1. In certain circumstances, an obligor may be exempt from interest charges or might be eligible to apply for a waiver of interest that has already accrued. M.G.L. c. 119A, s. (6)(a), 830 CMR 119A.6.1. For Additional Information - http://www.mass.gov/legis/laws/mgl/119a-12.htm F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? Only if that provision is part of the original child support order. The order must be for a sum certain and reduced to a judgment. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? In some cases, the costs for genetic marker tests may be passed on to the parties. F6.2. What costs are recovered from/fees charged to the obligor? In some cases, the costs for genetic marker tests may be passed on to the parties. F7. Does your State recover costs on behalf of the initiating State? No F7.1. Optional comments regarding recovering of initiating State's fees. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. M.G.L. c. 209D, s 2-201 For Additional Information - http://www.mass.gov/legis/laws/mgl/209d-2-201.htm F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? DOR DOES NOT establish or modify spousal support orders; however DOR enforces spousal support for a custodial parent of a child receiving IV-D services. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No   F10.1. Optional comments regarding required information on spouse or partner. If the Massachusetts court requires information about a new spouse or partner in a specific case, DOR will ask the initiating state to provide it. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? We pay the fee out of our own administrative funds based on the number of cases that never received IV-A assistance for the federal fiscal year. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No F11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? Yes. F12. When will your State implement the required DRA limited-assignment provision? 10/01/2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Yes (up to $50 in all cases). F13.1. If yes, provide the date. 10/01/2008 F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? Yes. F15.1. If yes, list the eligible assignments your State would discontinue. Discontinue post-1997 pre-assistance assignments. F15.2. When will your State discontinue each type of assignment? 10/01/2009 F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA distribution rules. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? If we receive notice that the child is receiving TANF with a new caretaker, we can redirect current support payments to the new caretaker (in effect to the TANF agency) without returning to court to establish a new child support order. We send a notice to the court, obligor, and the previous obligee any time we redirect payments. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? We will redirect any medical support to the new caretaker, but would also proceed in court to modify the existing order. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? The new caretaker must have or obtain a court order for custody or guardianship of the child and/or a new child support order for us to transfer the child support payments. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? We pay the fee out of our own administrative funds based on the number of cases that never received IV-A assistance for the federal fiscal year. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding, wage withholding, wage assignment, income assignment. G2. What specific source of income is not subject to withholding? Federally excluded sources only, no sources excluded by state law. For Additional Information - No Link Provided G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? G4. What is the allowable fee per pay period for processing income withholding payments? Up to $1.00 per deduction. For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? No later than the first pay period occurring three working days after the date of the notice. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within three working days of the pay date/date of withholding. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? DOR sends a series of employer compliance letters to employers who fail to withhold child support or fail to remit the payments. If an employer does not properly respond to the employer compliance letters, DOR attorneys have the option to take legal action against the employer. G8. What is the penalty to an employer for failure to remit payments withheld? Massachusetts law provides that the employers who fail to withhold child support or withhold child support and fail to remit the payments to DOR, will be liable for the child support due and a penalty equal to the amount of child support due or $500, whichever is greater. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? Yes G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. Linda Murphy (617) 626-6393, Commonwealth of Massachusetts, Division of Unemployment Assistance, Child Support Office - 1st Floor, 19 Staniford Street, Boston, MA 02114 G9.2. Optional comments regarding direct withholding of UI benefits across state lines. States must provide the custodial parent's Social Security number on a separate document. The Division of Unemployment Assistance will not withhold child support in an arrears-only case. States should contact DOR in such cases. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines.   G11. How does an obligor contest income withholding in your State? Noncustodial parent requests an administrative review. DOR conducts a review of documentation submitted by the noncustodial parent and issues a final determination, which is subject to judicial review. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). A withholding order issued by our state does not have any more weight than a withholding order issued by another state. When the obligor has more than one claim for child support against his/her income and not enough income to pay all orders in full, DOR advises the employer to pro rate the orders. See M.G.L. c. 119a. s.12(f)(5). G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. For Additional Information - No Link Provided G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No. Massachusetts follows the federal guidelines for disposable income as specified in the federal CCPA limits. G14. When does your state require the employer to send notice of an employee's termination? When an employee terminates employment, the employer must notify us of the termination prior to the time the next payment to the child support agency would have been due. M.G.L. c. 119A, s. 12 (f) (7) For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? We send a new IWO when the employer reports via new hire. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? .G.L. c. 119A, sec. 12 requires that all judgments and orders for support issued by a Massachusetts court, or received, entered or registered pursuant to M.G.L. c. 209D (UIFSA) include a provision for income withholding. An income withholding order can be sent directly to an obligor's employer, the Department of Unemployment Assistance (DUA) (if the obligor receives unemployment compensation benefits), an insurance company that is paying Workers' compensation or disability benefits, the Social Security Administration (if the obligor receives Social Security Disability Insurance) or any other source of periodic income as that term is defined in M.G.L. c. 119A, sec 1A. In Massachusetts, workers' compensation benefits are paid directly by insurers, not the Department of Industrial Accidents, and the income withholding orders must be sent directly to the insurer, not the DIA. With respect to financial institutions, an income withholding order would be appropriate only if the institution issues periodic payments, such as an annuity. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Massachusetts' priority of withholding is as follows: 1) Deduct the amount required to pay the current monthly child support (not including any periodic payment toward arrears). 2) Deduct the amounts required to pay the current monthly family health insurance premiums and/or other current medical support. 3) Deduct any amount ordered for the payment of arrears. 4) Deduct any remaining ordered amount. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. Custody and visitation are not routinely addressed in a child support proceeding and are never addressed by DOR's 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 paternity acknowledgment conclusive legislation. 60 days from the date the acknowledgment is signed and properly filed. 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. 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. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? 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. Does your State have any other paternity-related presumptions? Yes H7.1. If yes, briefly explain. M.G.L. c. 209C, s 6: Attempted to marry, jointly held out child as own; acknowledged paternity in a parental responsibility claim. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Department of Children and Families H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. Fees are $6.00 per certified copy; $11.00 per search (which includes one certified copy). Fees may be waived with documentation of receipt of public assistance benefits. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. 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 H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Written testimony or paternity affidavit is acceptable in UIFSA cases. In addition, the court has discretion to allow other forms of testimony. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. M.G.L. c. 223A, s 3 http://www.mass.gov/ legis/laws/mgl/223a-3.htm M.G.L. c. 209D, s 2-201 http://www.mass.gov/legis/laws/mgl/209d -2-201.htm For Additional Information - No Link Provided H13. Does your State recover genetic testing costs for other States? No     H13.1. If so, please explain. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement 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. H15. 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   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 I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial process. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? I1.2. Under what circumstances would the judicial process be used? The judicial process would be used under all circumstances. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The custodial parent's income is also considered. In addition, the Massachusetts Child Support Guidelines give the court the discretion to consider unearned income of the child(ren). Income of a party's new spouse (or other co-parent of a child not subject of the order) may be required if the party is seeking a deduction for supporting another child, or if a party is seeking a deviation based on a gross disparity between the standards of living of the two households. If the Massachusetts court requires the information in a specific case, DOR will ask the initiating state to provide it. For Additional Information - http://www.mass.gov/courts/childsupport/guidelines.pdf I3. What criteria for rebutting your presumptive guidelines have been established in your State? In order to deviate from the guidelines, the court must find that the application of the guidelines would be unjust or inappropriate under the circumstances and that such departure is consistent with the best interests of the child. Circumstances which may support deviation include, but are not limited to, the following: 1. the parties agree and the Court approves their agreement; 2. a child has special needs or aptitudes; 3. a child has extraordinary medical or other expenses; 4. application of the guidelines, particularly in low income cases, leaves a party without the ability to self support; 5. Payor is incarcerated, is likely to remain incarcerated for an additional 3 years and has insufficient financial resources to pay support; 6. application of the guidelines would result in a gross disparity in the standard of living between the two households such that one household is left with an unreasonably low percentage of the combined available income; 7. a parent has extraordinary medical expenses; 8. a parent has extraordinary travel or other expenses related to parenting; 9. application of the guidelines may adversely impact re-unification of a parent and a child where the child has been temporarily removed from the household based upon allegations of neglect; or 10. absent deviation, application of the guidelines would lead to an order that is unjust, inappropriate or not in the best interests of the child, considering the Principles of the guidelines. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Depends upon the circumstances of the case, may go as far back as prenatal period. I4.2. What information or documentation does your State require to proceed? The petition of a party and information/ documentation showing that the parent is chargeable with the support of the child, including information regarding the parent's ability to pay during that time period. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. N/A I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? MA is a judicial state and the judicial process is used to establish child support obligations and to modify those obligations. Paternity can be established "administratively" via the voluntary acknowledgment of parentage process. Additionally, paternity testing can be ordered via an administrative process. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? Voluntary acknowledgment process is M.G.L. c. 209C, s 11 http://www.mass.gov/legis/laws/mgl/209c-11.htm Administrative GMT process is M.G.L. c. 119A, s 3A http://www.mass.gov/legis/laws/mgl/119a-3a.htm For Additional Information - No Link Provided I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? Generally no, but some individual courts require. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? Generally, in Massachusetts legal custody is not a prerequisite to entering a support order. I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? We require verification of legal custody or guardianship before we will provide IV-D services to transfer payments, unless the new custodian receives public assistance for the child. I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? The answer may vary on a case-by-case basis but as a general rule the other state should request a modification. 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. For Additional Information - No Link Provided 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. 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 a 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 includes amounts in financial institutions? No   For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or 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. 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 dollar amount that the obligor must be delinquent prior to becoming 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 for the obligor to be delinquent 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, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please 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 and/or account holders have to contact your State child support enforcement and/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 and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State 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. J5.9. On what basis can an obligor and/or other account holders challenge/contest 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 are 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. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? N/A (See also J5.5) J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the State statutory citation 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 - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/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 J5.19. How long does the Financial Institution have to send the obligor's assets to your State 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. Please describe any other administrative enforcement procedures your State may have. Insurance liens- administrative procedures available. J8. Please 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 our State's enforcement remedies are available without registration? Depending upon the facts of the case, DOR will use any or all administrative remedies without registration. J11. Describe your State's registration and enforcement procedures. 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. After registration, describe additional judicial procedures required, 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, please provide the statutory citation. For Additional Information - No Link Provided J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). N/A J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes   J16. Provide which credit bureaus your State report an obligor's child support information? Experian and Innovis J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative. J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Responding state only. J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? The eligibility criteria for credit reporting are: the obligor has received notice of the child support debt within the last 12 months, there is a valid court order and arrears plus interest in all eligible cases, less amounts on hold, is $1,500 or more. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years in TANF cases or upon request in TANF and non-TANF cases. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? On request in non-TANF and TANF cases; automatically in TANF cases. K3. 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. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? If medical support needs to be established or if when the Child Support Guidelines are applied, the result is an amount that differs from the current order by 20%. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. Yes K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Massachusetts General Law provide that child support orders 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. M.G.L. c. 208, s.28, M.G.L.c.209C, s.20, M.G.L.c.209 s.37. A change in circumstances, therefore, is not required for an order to be modified. The criteria in K5.1, K5.2, K5.3, K5.5 and K5.6 could all affect the guidelines amount and therefore would potentially result in a modification of the child support order. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? K7. 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. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No K8.1. If yes, please explain the situation? We follow the terms of the court order and do not administratively abate support for cases with current support orders. See our arrears management regulation (830 CMR 119A.6.2) for information about arrears only cases. K8.2. What is the statutory citation for your abatement law? N/A For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. K8.4. Please provide information 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 /?pageID=eohhs2terminal&L=4&L0=Home&L1=Consumer& L2=Basic+Needs&L3=Vital+Records&sid=Eeohhs2& b=terminalcontent&f=dph_vital_records_c_obtaining_copies& csid=Eeohhs2#bytelephone K9. What information is required 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 L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes  L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? Lump sums are included in the definition of income which is defined as "any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, unemployment and workers' compensation, disability payments, payments pursuant to a pension or retirement plan, military pay, other payments made in lieu of periodic payments including severance pay and salary advance, and interest." Lump sums are subject to lien for unpaid support. By operation of law, a lien exists for unpaid support on all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. L1.2 Provide the statutory citation. M.G.L. c. 119A, § 1A and § 6; M.G.L. c. 151A, § 1 http://www.mass.gov/legis/laws/mgl/119a-1a.htm http://www.mass.gov/legis/laws/mgl/119a-6.htm http://www.mass.gov/legis/laws/mgl/151a-1.htm For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? Yes L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. G.L. c. 62E, § 2; G.L. c. 151A, § 1 For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? There is no threshold amount. L4. How are employers instructed to report a pending lump sum? Contact our Employer Services Unit: Call 1-800-332-2733 (option 2) Fax 1-617-887-7560 Email cseemp@dor.state.ma.us L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. No time frame. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Payments must be remitted to the IV-D agency as directed in the levy. L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Withholdings from lump sum payments are not noted on the original income withholding order. A separate income withholding order will be sent specifically to cover the lump sum. L8. Does your State use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? One-Time Order/Notice - Lump Sum Payment L9. What other documents does your State use to attach lump sum payments? Instructions and information is provided in letters to the employer. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 If yes, what are those limits? Same as federal limits. For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? No. The employer should contact the IV-D Agency, Employer Services Unit, for more information on the correct amount to withhold. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/ compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/ Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Yes M2.1. If yes, provide the statutory citation M.G.L. c. 175, § 24D and 830 CMR 175.24D.1.1 For Additional Information - http://www.mass.gov/legis/laws/mgl/175-24d.htm M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. An insurer must compare the claimant's Social Security number to child support lien information made available by DOR. If the claimant does not have a Social Security number, the insurer must provide the claimant's name, address and date of birth to DOR. DOR will compare that information against child support lien information. M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. Pursuant to 830 CMR 175.24D.1.1., an insurance company must compare information with child support lien information no more than 30 days before making a non-recurring payment of $500 or more. It is anticipated that as of January 1, 2010, 830 CMR 175.24D.1.1 will be amended to state that an insurance company must compare information with DOR not less than ten business days before making a non-recurring payment of $500 or more to a claimant. M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Non-recurring payments of $500 or more made to a claimant under a liability insurance policy, the liability coverage portion of a multiperil policy or a life insurance contract are subject to intercept. A non-recurring payment is defined as a liability settlement or award paid in a lump sum or under a structured settlement, payment to the issuer of an annuity by a liability insurer under a structured settlement, or payment of a life insurance death benefit in a lump sum or under a contract authorizing installment payments. For purposes of the insurance intercept program, periodic disability payments, payments under annuity contracts, Workers' compensation payments and life insurance dividend payments are not non-recurring payments and are not subject to insurance intercept, although such payments are subject to intercept through other means. A claimant is defined as an individual 13 years of age or older or an estate who brings a claim against an insured party under a liability insurance policy or the liability coverage portion of a multiperil policy issued in the Commonwealth, a beneficiary 13 years of age or older under a life insurance contract issued in the Commonwealth or a beneficiary 13 years of age or older living in the Commonwealth who is designated to receive payment under a life insurance contract issued by a company licensed in the Commonwealth. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. The obligor must owe past-due support of $1,000 or more to be eligible for DOR's insurance payment intercept program. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). Insurers must use one of the following methods to determine whether the insurance claim payment is subject to a lien for past-due child support: Instant Match Method: Under this method, the insurer logs into DOR's secure Payment Intercept Program web site and enters the claimant's Social Security number. If there is a lien on the claimant's insurance payment, a Notice of Child Support Lien and Levy is generated and can be printed from the insurer's own computer. Ten Business Day Wait Method: Insurers that are unable to access DOR's Payment Intercept Program web site may use the Ten Business Day Wait Method to search for child support lien information. Using this method, the insurer must forward to DOR the claimant's name and Social Security number, or, if the claimant does not have a Social Security number, the insurer must forward the claimant's name, address and date of birth. DOR compares the identifying information to child support lien information. If there is a lien, DOR will forward a Notice of Child Support Lien and Levy to the company within ten business days. If the company has not received a Notice by the expiration of ten days, the company can issue payment in accordance with its usual practice. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Insurers must use either the Instant Match Method or the Ten Business Day Wait Method described in M2.5 to comply with the insurance intercept statute and regulation. M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. An insurer that knowingly fails to ascertain whether payments are subject to a child support lien, as determined by DOR through an audit, shall be subject to a penalty assessed by DOR as set forth in 830 CMR 175.24D.1.1 (9)(a). An insurer that distributes funds that are subject to a child support lien directly to a claimant or distributes funds that are subject to a child support lien to a claimant's attorney without notifying the attorney of the existence of the child support lien shall be subject to penalties in accordance with M.G.L. c. 119A, § 6. 830 CMR 175.24D.1.1 (9)(b). The penalties imposed under 830 CMR 175.24D.1.1 (9)(a) are separate and distinct from any penalties under 830 CMR 175.24D.1.1 (9)(b). For Additional Information - http://www.mass.gov/?pageID=dorterminal&L=6&L0=Home& L1=Businesses&L2=Help+%26+Resources&L3=Legal+Library& L4=Regulations+(CMRs)& L5=18%2C+119A%2C+175%3A+Child+Support+Enforcement& sid=Ador&b=terminalcontent& f=dor_rul_reg_reg_830_cmr_175_24d_1_1&csid=Ador M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? An insurance company that makes a payment in accordance with the insurance intercept law, and the insured individual on whose behalf the company makes a payment, is immune from any obligation or liability to the claimant arising from the payment. M.G.L. c. 175, § 24D (d). If a claimant refuses to provide identifying information and the insurance company therefore cannot compare the claimant's information with child support lien information, the claimant shall not receive payment on the claim and the insurance company is exempt from suit and immune from liability for declining payment on the basis of the claimant's refusal. M.G.L. c. 175, § 24D (f); 830 CMR 175.24D.1.1 (4). M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? N/A For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? N/A M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Notice of Insurance Claim Payment Levy/Intercept; Memorandum Regarding Insurance Payment Intercept - Notice to Claimant; Memorandum Regarding Insurance Payment Intercept - Notice to Attorney M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The insurance company must notify the claimant or the claimant's attorney about the insurance intercept activity. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. M.G.L. c. 175, § 24D; 830 CMR 175.24D.1.1 (7). For Additional Information - http://www.mass.gov/legis/laws/mgl/175-24d.htm M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. Funds intercepted from an insurance claim settlement are placed on hold for 45 days from the date DOR receives the payment. During the hold period, the noncustodial parent may file a request for an administrative review of the intercept pursuant to M.G.L. c. 119A, § 17. If the noncustodial parent is dissatisfied with DOR's decision, he or she can seek judicial review in the court that entered the child support order. For Additional Information - http://www.mass.gov/legis/laws/mgl/119a-17.htm M6. Are there attorney fees associated with the insurance intercept activity? No. M7. How does another State initiate and intercept collections from your State Workers Compensation agency? The State's IV-D agency has to file a lien against the Workers' compensation lump sum settlement with the Department of Industrial Accidents (DIA). M7.1. What is the process, the points of contact, and what forms must be completed? See answer to M7. Dedicated To Enforcing Your Support Order.
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