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Massachusetts State Profile |
Updated on 17 Aug 2006
Certified on 13 Aug 2007
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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 setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes. |
| A4.1. If so, what is the statutory citation? |
M.G.L. c. 119A, § 3(a) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No. |
| A4.3. If so, 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 Act? |
02/10/1995 |
| B3. What is the statutory citation for your State's Act? |
M.G.L. c. 209D.
For Additional Information - No Link Provided |
| 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 Act. |
|
C. Reciprocity |
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| 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 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 |
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| D1. What is the age of majority in your State? |
18 years of age. |
| D2. What is the statutory cite for the age of majority? |
M.G.L. c. 4, s 7.
For Additional Information - No Link Provided |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18 years of age. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, 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 so, 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 |
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| 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. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
|
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of Income Model. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
12% annually. Depending upon payments received, in accordance with Massachusetts' regulations, obligors might not be assessed interest or might be eligible to apply for a waiver under certain circumstances. M.G.L. c.119A, s6(a) 830 CMR s119A.6.1 |
| 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. |
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, s6(a), 830 CMR s119A.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. |
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. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, 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 judgement. |
| F6. Have you elected to recover costs or charge fees in your 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 - No Link Provided |
| 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. |
G. Income Withholding |
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| 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. |
| 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 paydate/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 benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation 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) |
| G15. How long should an employer retain the 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? |
|
| 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. |
H. Paternity |
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| 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%. |
| 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. 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 not, 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 voluntray acknowledgement. Paternity is conclusively determined at the time of the court adjudication or the 60 day rescision period after the mother and father sign the acknowledgement has elapsed. |
| 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. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Department of Social Services |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. 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. |
|
| 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? |
|
| H11. When the custodial parent 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 cite for your State's long arm statute and list any special provisions. |
M.G.L. c. 209D, s 2-201.
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. Are there any other documents that are 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 parent, 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 |
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| I1. Does your State use an administrative or a judicial 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? |
|
| 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, Massachusetts Child Support Guidelines allow DOR to consider the income of the spouse, but DOR does not require this information. If the Massachusetts court requires the information in a specific case, DOR will ask the initiating state to provide it. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The presumptive guidelines may be rebutted if the noncustodial parent has other children whom he is legally required to support. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, 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. |
| 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. |
|
| 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? |
|
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No. |
| I8. 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 being expended? |
Generally no, but some individual courts require. |
| 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? |
|
| I10. Does your State require that a custodial person (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 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. |
| J2.2. Where is 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 so, 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 non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Notice sent annually |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, 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. |
| 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 provide the amount. |
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. |
| 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 holder 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. |
| 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 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). |
| 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. |
| 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. |
| J5.19.1 . If yes, please define. |
See J5.19 |
| 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? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Experian, Equifax, and Innovis |
| 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. |
| 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 |
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| 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 Vital 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? |
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 noncustodial parent is in prison, etc. |
No |
| K8.1. If so, 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 cite 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 about requests and fees, please click here. |
| 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 |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
|
| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those 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? |
|
| L11.1 If yes, would the employer only withhold for that period's obligation? |
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