*Exact Child Support Laws at both the Federal and Local Levels that
give D.O.R. their power*
Title IV, Part D of the Social Security Act, 42 U.S.C. § 651 et seq., and
M.G.L. c. 119A.
*State Law that assesses interest to CS Obligor (Payer)*
M.G.L. c. 119A, § 6
*The rights of the person receiving CS (Payee)*
Title IV, Parts A and E, or Title XIX of the Social Security Act. See M.G.L.
c. 119A, § 2.
*Conditions of Interest and Penalties (Arrears)*
M.G.L. c. 119A, § 6
830 CMR 119A.6.1(3) and (4)
*Exemptions to Interest and Penalties (Arrears)*
830 CMR 119A.6.1(5)(b)
830 CMR 119A.6.1 (5)(c)
*Exclusion from Monthly Assessment of Interest and Penalties*
830 CMR 119A.6.1(5)(a) if the conditions of 830 CMR 119A.6.1 (2) are met
*If D.O.R. receives an interest payment from the Payee it goes into the
Child Support Trust Fund. *
See M.G.L. c. 119A, §§ 2 and 9.
*Under the proposal - you wont have to pay CS if you meed the
following requirements:*
1. The obligor is receiving cash benefits from a needs-based program,
including, but not limited to, Supplemental Security Income (SSI),
Transitional Assistance to Needy Families (TANF), and State Veterans’
benefits.
2. The unemancipated child for whom support is owed is living with the
obligor, either because the obligor has physical custody of the child or
because the obligor and obligee are cohabiting, and the current support
order has been terminated.
3. The obligor has been temporarily unable to meet his support
obligation due to loss of employment, provided:
a. the obligor is actively seeking employment; or
b. a workers’ compensation insurer, the Department of Unemployment
Assistance (DUA) or another state’s unemployment agency is remitting child
support to DOR on behalf of the obligor, but the amount of the withholding
is insufficient to satisfy the total monthly obligation.
4. The obligor has a medically verified disability that affects earning
capacity and does not otherwise have the financial ability to meet the
support obligation. An obligor may be eligible for the exemption if child
support is being withheld from SSDI, veterans’ benefits or other disability
benefits and remitted to DOR, but the amount of the withholding is
insufficient to satisfy the total monthly obligation in full.
5. The obligor has been institutionalized in a psychiatric facility,
hospice, long term care facility, nursing home, rehabilitation facility or
other similar facility and has no financial ability to pay child support.
6. The obligor has been incarcerated but is participating in or has
successfully completed a counseling, job training or self-improvement
program approved by DOR.
7. The obligor has obtained a reduction, termination or suspension of
the current support obligation after filing a modification complaint in the
appropriate probate and family court, provided that the exemption is not
available if the reduction, termination or suspension of the current support
obligation arose in the context of a contempt action. The exemption will
be retroactive only to the date of filing of the modification complaint.
8. The obligor is on active duty in the United States Armed Forces and is
paying child support by income withholding, but the amount of withholding is
insufficient to satisfy the total monthly obligation in full.
9. The obligor has been approved for a hardship exemption by DOR.
give D.O.R. their power*
Title IV, Part D of the Social Security Act, 42 U.S.C. § 651 et seq., and
M.G.L. c. 119A.
*State Law that assesses interest to CS Obligor (Payer)*
M.G.L. c. 119A, § 6
*The rights of the person receiving CS (Payee)*
Title IV, Parts A and E, or Title XIX of the Social Security Act. See M.G.L.
c. 119A, § 2.
*Conditions of Interest and Penalties (Arrears)*
M.G.L. c. 119A, § 6
830 CMR 119A.6.1(3) and (4)
*Exemptions to Interest and Penalties (Arrears)*
830 CMR 119A.6.1(5)(b)
830 CMR 119A.6.1 (5)(c)
*Exclusion from Monthly Assessment of Interest and Penalties*
830 CMR 119A.6.1(5)(a) if the conditions of 830 CMR 119A.6.1 (2) are met
*If D.O.R. receives an interest payment from the Payee it goes into the
Child Support Trust Fund. *
See M.G.L. c. 119A, §§ 2 and 9.
*Under the proposal - you wont have to pay CS if you meed the
following requirements:*
1. The obligor is receiving cash benefits from a needs-based program,
including, but not limited to, Supplemental Security Income (SSI),
Transitional Assistance to Needy Families (TANF), and State Veterans’
benefits.
2. The unemancipated child for whom support is owed is living with the
obligor, either because the obligor has physical custody of the child or
because the obligor and obligee are cohabiting, and the current support
order has been terminated.
3. The obligor has been temporarily unable to meet his support
obligation due to loss of employment, provided:
a. the obligor is actively seeking employment; or
b. a workers’ compensation insurer, the Department of Unemployment
Assistance (DUA) or another state’s unemployment agency is remitting child
support to DOR on behalf of the obligor, but the amount of the withholding
is insufficient to satisfy the total monthly obligation.
4. The obligor has a medically verified disability that affects earning
capacity and does not otherwise have the financial ability to meet the
support obligation. An obligor may be eligible for the exemption if child
support is being withheld from SSDI, veterans’ benefits or other disability
benefits and remitted to DOR, but the amount of the withholding is
insufficient to satisfy the total monthly obligation in full.
5. The obligor has been institutionalized in a psychiatric facility,
hospice, long term care facility, nursing home, rehabilitation facility or
other similar facility and has no financial ability to pay child support.
6. The obligor has been incarcerated but is participating in or has
successfully completed a counseling, job training or self-improvement
program approved by DOR.
7. The obligor has obtained a reduction, termination or suspension of
the current support obligation after filing a modification complaint in the
appropriate probate and family court, provided that the exemption is not
available if the reduction, termination or suspension of the current support
obligation arose in the context of a contempt action. The exemption will
be retroactive only to the date of filing of the modification complaint.
8. The obligor is on active duty in the United States Armed Forces and is
paying child support by income withholding, but the amount of withholding is
insufficient to satisfy the total monthly obligation in full.
9. The obligor has been approved for a hardship exemption by DOR.
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