Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately improve the collection of child support in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The first paragraph of section 1 of chapter 14 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended, in line 3, by inserting after the word "audit" the following words:- the division of child support enforcement,.

SECTION 2. Chapter 18 of the General Laws is hereby amended by striking out section 21, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 21. The department shall be subrogated to the rights to support and maintenance of any welfare recipient to the extent of any payments made by the department to such recipient. The department shall obtain from said recipients such information, in the recipient's knowledge and possession, as may be reasonable necessary to enforce the department's right.

When the department proposes to terminate public assistance due to the collection of monthly support in excess of monthly benefits paid, it shall forthwith notify the IV-D agency as set forth in chapter one hundred and nineteen A. When the department terminates public assistance for any reason other than the collection of monthly support in excess of benefits paid, it shall forthwith notify said IV-D agency of such action.

Whenever the department notifies a recipient that it proposes to terminate a recipient from assistance, it shall include in such notice a statement of such recipient's right to continued child support services from the IV-D agency.

Before the department denies, terminates or reduces aid to any applicant or recipient of public assistance for failing to cooperate with enforcement of child support, the department shall provide notice of what specific unreasonable acts or omissions, material to the establishment of paternity or establishment or enforcement of a support obligation, the applicant's or recipient's alleged failure to cooperate consisted; and, if the applicant or recipient requests a hearing pursuant to section sixteen to contest such proposed denial, reduction or termination, the department shall have the burden to prove by a preponderance of the evidence that the applicant or recipient did commit such material, unreasonable acts or omission.

SECTION 3. The third paragraph of section 13 of chapter 46 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the word "seventy-three" in lines 20 and 21 and in line 32, the words:- or two hundred and nine C.

SECTION 4. The third paragraph of said section 13 of chapter 46 of the General Laws, as so appearing, is hereby amended by inserting, after the word "adjudication", in line 31, the words:- or voluntary acknowledgment,- and by striking out the third and fourth sentences and inserting in place thereof the following three sentences:- Upon receipt of a certified copy of a judgment establishing paternity under chapter two hundred and nine C or under similar law of another jurisdiction of voluntary acknowledgement of parentage approved by the court, the clerk of the city or town where the child was born shall prepare a new birth certificate consistent with the findings of the court and shall substitute the new certificate for the original certificate. The fact that paternity was established after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown. The evidence upon which the new birth certificate was made and the original birth certificate shall be kept in a sealed and confidential file and shall be subject to inspection by the mother, the father, or the child; the court with the consent of all interested parties shall allow other persons to inspect such records.

SECTION 5. Chapter 62D of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Claimant agency", the IV-D agency, as set forth in chapter one hundred and nineteen A.

"Debt", an unpaid spousal or child support obligation which is being enforced by the claimant agency, or which is collected or ordered to be collected by a court, whether or not there is an outstanding judgment for that sum.

"Debtor", any individual owing money for support payments to the claimant agency or to persons for whom the claimant agency is providing enforcement services under state and federal law, which obligation has not been adjudged satisfied by court order, set aside by court order, or discharged in bankruptcy.

"Department", the department of revenue.

"Obligee", a person or public agency entitled to assistance in collecting support payments pursuant to state and federal law and to whom is owed a debt for unpaid support.

"Refund", an individual's income tax refund from the commonwealth.

SECTION 6. Said chapter 62D is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. Subject to the limitations contained in this chapter, the department shall, upon the request of the claimant agency, render assistance in the collection of debts owed to the obligee. This assistance shall be provided by setting off refunds due the debtor from the department by the sum certified by the claimant agency as due and owing.

Upon application of an obligee, or upon its own initiative, the claimant agency shall include the claim of such obligee for the debt with such requests for assistance, provided that such a debt shall have arisen under a court order and provided further that such order is ordered to be collected by the probation department, or the claimant agency. The claimant agency is authorized to request sufficient information from the obligee as needed to carry out the purposes of this chapter and to require such obligee to certify the amount of such debt. In the event there is a debt owed to the department of public welfare and to the obligee, the claimant agency shall notify the obligee of the amounts certified, the respective dates the debts were incurred and that the most recently owed obligation will be satisfied first. The claimant agency shall thereafter distribute any amounts intercepted between the department of public welfare and the obligee so that the most recently owed obligation is satisfied first, subject to the provisions of sections five and six of this chapter. In the event that the department charges a fee for such assistance to the claimant agency, the claimant agency is authorized to charge a fee to the obligor.

SECTION 6A. Section 4 of said chapter 62D, as so appearing, is hereby amended in line 8, after the word "department," by inserting the following sentences:- The claimant agency shall also, whenever possible, notify the debtor that the debtor's refund is to be set-off. If, within fifteen days of such notice, the debtor requests a reconsideration of the claimant agency's action to set-off the alleged debt, the claimant agency shall undertake a desk review of the alleged debt. If the claimant agency determines that the set-off request to the department was made in error, it shall so notify the department and the department shall rescind the set-off.

SECTION 6B. Section 5 of said chapter 62D, as so appearing, is hereby amended in line 13, after the word "section," by inserting the following words:- and in addition to the notice and desk review procedure set forth in section four,.

SECTION 7. Section 8 of said chapter 62D, as so appearing, is hereby amended by adding the following sentence:- The claimant agency shall, within ten days of the determination, forward the amount from the escrow account to the proper obligee.

SECTION 8. Said chapter 62D is hereby amended by striking out sections 9 and 10, as so appearing, and inserting in place thereof the following three sections:-

Section 9. Upon transfer of the debt due and owing from the escrow account, established pursuant to section five, to the credit of the debtor's account, the claimant agency shall notify the debtor in writing of the finalization of the set-off. Such notice shall include the amount of the refund transferred to the claimant agency, the amount of the set-off, the amount of the refund, if any, returned to the nondebtor spouse, and the amount of any outstanding balance, if any, due to the debtor after the set-off. The claimant agency shall disburse any such outstanding balance due to the debtor.

Section 10. Notwithstanding section twenty-one of chapter sixty-two C or any other provision of law prohibiting disclosure by the department of the contents of taxpayers' records of information and notwithstanding any confidentiality statute applicable to the claimant agency, all information exchanged among the department, the claimant agency, including the IV-D agency of another jurisdiction, the department of public welfare, the debtor, and the nondebtor spouse necessary to accomplish and effectuate the intent of this chapter is lawful.

The information obtained by any agency from the department in accordance with the aforementioned exemption shall only be used by the agency in the pursuit of its debt collection duties and practices and any person employed by, or formerly employed by, the agency who discloses any such information for any other purpose, except as otherwise allowed by section forty-three of chapter two hundred and seventy-one, shall be penalized under provisions of said section forty-three.

Section 10A. The commissioner, in cooperation with the claimant agency, shall establish a program of wage information sharing with other states. The commissioner is hereby authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the claimant agency. Such reciprocal agreements shall only be made with states which administer programs that are substantially similar to the wage reporting system. The wage information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information as provided in this chapter and only if such prohibitions and penalties apply to information which is transmitted by the commissioner or the claimant agency to the other states. The prohibitions and penalties imposed by said section forty-three of said chapter two hundred and seventy-one shall also apply to any such information received from any other state under a reciprocal agreement.

SECTION 9. Chapter 93 of the General Laws is hereby amended by inserting after section 52 the following section:-

Section 52A. Upon the request of any consumer credit reporting agency as defined in Title 15 of the United States Code, the IV-D agency, as set forth in chapter one hundred and nineteen A, shall compile a list of all obligors with child support arrearages of more than one thousand dollars and the amounts of such arrearages from the cases monitored by said agency under chapters two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three and two hundred and seventy-three A, subject to the requirements of the following paragraph. Upon the request of a credit reporting agency, said agency shall notify the credit reporting agency whether any individual whose name is submitted has an arrearage of more than one thousand dollars and the amount of such arrearage, compiled in the same manner and also subject to the requirements of this section. Said agency shall charge each credit agency a fee to the maximum extent allowed by the provisions of Title IV, Part D, of the Social Security Act.

Prior to furnishing the name of any person with a recorded arrearage of more than one thousand dollars to a credit reporting agency, the IV-D agency shall notify such person that his name is to be furnished, the amount of recorded arrears, and that he may contest the accuracy of the size of the arrearage by furnishing to said agency within fifteen days evidence that the arrearage is not greater than one thousand dollars. If no such evidence is furnished within fifteen days, said agency shall forward the information to the credit reporting agency. If such evidence is furnished, said agency shall determine the size of the arrearage, if any, and forward the information to the credit reporting agency only if the total arrearage exceeds one thousand dollars. If the obligor disagrees with the determination of said agency he may seek review of the decision as to the amount of the arrearage in the division or department of the trial court which set the support order, and said agency shall not forward the information pending the decision of such court. Nothing in this section shall impair the rights of any obligor under federal or state law regarding consumer credit reports or consumer credit reporting agencies.

SECTION 10. Section 23 of chapter 119 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by adding the following paragraph:-

The department shall obtain and provide to the IV-D agency, as set forth in chapter one hundred and nineteen A, an assignment of support rights on behalf of each child receiving foster care maintenance payments pursuant to Title IV, Part E, of the Social Security Act, including, but not limited to the following information: the child's name, date of birth, place of birth, Social Security number, address and benefit level and, if known, each parent's name, date of birth, place of birth, Social Security number, most recent address and most recent employer. The department shall notify said IV-D agency forthwith when a child for whom support is collected no longer receives foster care maintenance payments pursuant to Title IV, Part E, of the Social Security Act.

SECTION 10A. Said chapter 119 is hereby further amended by striking out section 28, as so appearing, and inserting in place thereof the following section:-

Section 28. (a) During the pendency of an action brought pursuant to section twenty-four, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. When the court makes an order of support on behalf of a party, and such party is not covered by a private group health insurance plan, the court shall determine whether the person chargeable with support has private health insurance or a group plan available to him through an employer or organization that may be extended to cover the party for whom support is ordered. When said court has determined that the person chargeable with support has such insurance, said court shall include in the order or judgment a provision relating to said insurance.

At the discretion of the court, whenever appropriate, any such order of support may conform to and be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child's guardian, next of kin, or other person standing in a parental relation to the child; by the authorized agent of the department of social services or any agency licensed under chapter twenty-eight A provided that the child is in their custody; or if the child is or was a recipient of any type of public assistance, by the department of public welfare. In the event that someone other than the department of public welfare commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify the department of the pendency of the action and the department shall be permitted to intervene in the action.

(c) An order, or judgment of support pursuant to this section may be entered notwithstanding the default of the person chargeable with support or his failure to appear personally.

(d) In determining the amount of current support to be paid, the court shall apply the child support guidelines established by the chief administrative justice of the trial court, or, in the absence of such standards, shall consider the factors set forth in section thirty-two of chapter two hundred and nine.

(e) The person chargeable with support shall comply with said order, or judgment until the same is dismissed or expires. When an action brought under section twenty-four of this chapter is dismissed or a final order of commitment is entered, the order or judgment of support shall expire six months after the judgment of dismissal or final order of commitment. At the time of such dismissal or final order of commitment, the court shall notify the parties and the IV-D agency, as set forth in chapter one hundred and nineteen A, of the expiration date of the support order or judgment.

SECTION 10B. The General Laws are hereby amended by inserting after chapter 119 the following chapter:- `tuc CHAPTER 119A. CHILD SUPPORT ENFORCEMENT.

Section 1. There is hereby established within the executive office for administration and finance, the child support enforcement commission. Said commission shall consist of six members who shall be the secretary of the executive office for administration and finance who shall serve as chairman, the commissioner of revenue, the attorney general, the chief administrative justice of the trial court, the commissioner of public welfare and a district attorney who shall be designated by the governor. Said commission shall monitor the child support enforcement system of the commonwealth and shall, from time to time, advise the IV-D agency and other agencies of the commonwealth, including the appropriate divisions of the trial court department, in matters for the improvement of the child support enforcement system of the commonwealth.

The department of revenue shall be the single state agency within the commonwealth that is designated the IV-D agency pursuant to Title IV, Part D of the Social Security Act and hereinafter in this chapter shall be referred to as the IV-D agency. The commissioner of revenue shall establish a division of child support enforcement which shall be provided, subject to appropriation, with such resources as may be necessary to implement the provisions of this chapter.

Section 2. In accordance with the provisions of Title IV, Part D of the Social Security Act, the IV-D agency shall provide comparable services to children and families, whether or not they are recipients of public assistance, to establish and enforce child support obligations. Said services shall include the location of absent parents, the establishment of paternity, the establishment of child support orders, the collection and disbursement of child support payments and any other services or responsibilities required by said Title IV, Part D. Said IV-D agency may accept applications for services from individuals seeking to establish or enforce orders of child support and shall charge a fee for such services which shall be established pursuant to the provisions of section three B of chapter seven, subject to the provisions of federal law. The IV-D agency shall also enforce the subrogation rights of the department of public welfare under section twenty-one of chapter eighteen. The first priority of the IV-D agency with regard to the enforcement of the subrogation rights of the department of public welfare shall be the collection of sufficient support payments on behalf of recipients of public assistance to enable such recipients to live independently of public assistance; provided, however, that the department of public welfare is authorized to receive support payments made on behalf of a current recipient only to the extent required by the provisions of Title IV, Part D, of the Social Security Act and to receive support payments made on behalf of a former recipient for arrearages only to the extent that the remainder of the support payments sent to such former recipient shall be reasonably calculated to provide sufficient maintenance for such former recipient and that such remainder is consistent with child support guidelines, if any, established by the chief administrative justice of the trial court.

Section 3. In enforcing the subrogation rights of the department of public welfare, the IV-D agency may file an action either in the name of the recipient of public assistance or in the name of the department. Upon the request of an individual who is not a recipient of public assistance, the IV-D agency may file an action in the name of the individual.

The IV-D agency shall serve notice by first class mail to the recipient or to the individual who is not a recipient of all complaints or motions the IV-D agency files in such actions and of all proceedings of which the IV-D agency receives notice pursuant to court rule. The IV-D agency may use any method available to a private party to collect support, including the following:-

(1) if no support order is outstanding, the IV-D agency may seek to obtain a support order on any outstanding complaint for divorce, separate support, paternity or, support or on any petition filed pursuant to section twenty-four of chapter one hundred and nineteen;

(2) the IV-D agency may seek to obtain a modification of any outstanding court order for support on any complaint or judgment of divorce, separate support, paternity or support;

(3) the IV-D agency may institute contempt proceedings under the provisions of section thirty-four A of chapter two hundred and fifteen to compel compliance with a court order;

(4) the IV-D agency may intervene or appear in actions for divorce, separate support, paternity, support, care and protection or proceeding supplemental thereto for the purpose of advising the court as to the financial interest of the commonwealth in the action, when either or both of the parties or their child is receiving public assistance, or has received public assistance if an arrearage is owed to the IV-D agency pursuant to an existing court order or judgment for support;

(5) if no action is pending or has been adjudicated, the IV-D agency may file an action to establish paternity and support pursuant to chapter two hundred and nine C or a civil action to establish support pursuant to section thirty-two F of chapter two hundred and nine; or the IV-D agency may act to enforce any support order that has previously been issued by any court of competent jurisdiction by contempt proceedings or any other proceeding;

(6) the IV-D agency may apply for a complaint under chapter two hundred and seventy-three; and

(7) the IV-D agency may file a petition under chapter two hundred and seventy-three A.

Whenever the IV-D agency seeks to establish or enforce payment of any arrearage for past failure to pay support, it shall not seek an order which would directly or indirectly result in a decrease in the amount of the current support paid to or on behalf of the child or spouse to whom, or on whose behalf, it is owed.

Section 4. The IV-D agency shall, subject to appropriation, employ personnel, develop automated collection, disbursement and data systems, and establish field offices to carry out its responsibilities. Said IV-D agency is also authorized to contract with other public and private agencies to carry out its responsibilities. The IV-D agency shall establish accounting systems to record child support payments received by it on behalf of obligees pursuant to wage assignments in effect for child support obligors. Said IV-D agency shall credit the accounts of such obligors and shall disburse such payments to the obligee or, if appropriate, to the department of public welfare in the most expeditious fashion. Said IV-D agency shall provide a report to the obligor, the obligee and, if appropriate, the department of public welfare on an annual basis of the amounts of such payments received by it during the preceding year from wage assignments and how such payments were distributed. Said IV-D agency shall also provide a report to the obligor, the obligee and, if appropriate, the department of public welfare on an annual basis of the amounts received by it during the preceding year not collected through the wage assignment process and how such payments were distributed. The IV-D agency shall establish procedures to monitor the receipt of child support payments which are not received as part of the wage assignment. Whenever said IV-D agency determines that an arrearage by an obligor amounting to a fourteen-day period has accrued, it shall take such actions as are authorized and required by law to cause a suspended wage assignment to go into effect.

Section 5. The IV-D agency shall monitor the child support payments which it receives and shall notify the obligor, or any employer or other person remitting child support payments on behalf of the obligor, when the child support obligations of the obligor have been satisfied and shall make available to such obligor an accounting of the distribution of such payments. Said IV-D agency shall remit to the obligor any payments received by said IV-D agency in excess of the amount required by the judgment or order of support. Said IV-D agency shall make any adjustment of its records relative to the child support payments owed by the obligor pursuant to any judgment, support order or modification of such order.

Whenever the department of public welfare notifies the IV-D agency that it proposes to terminate public assistance payable to an obligee, said IV-D agency shall take such steps as are reasonably necessary to ensure that such obligee shall receive, no later than the date the obligee would have received its next public assistance check, the support payment and any refund then due pursuant to federal law and that the obligee will continue to receive such support payments regularly until the judgment or support order is satisfied or until said IV-D agency is notified by the department of public welfare that such obligee is again receiving public assistance.

Whenever the department of public welfare notifies the IV-D agency that public assistance to an obligee has been terminated for any reason other than the collection of monthly support in excess of benefits paid, said IV-D agency shall take such steps as are reasonably necessary to ensure that such obligee shall receive, no later than two weeks from the date the obligee would have received his next public assistance check, the support payment and any refund then due pursuant to federal law and that the obligee will continue to receive such support payments regularly until the judgment or support order is satisfied or until said IV-D agency is notified by the department of public welfare that such obligee is again receiving public assistance.

Said IV-D agency shall notify the obligee of his right to request a report of the amount and distribution of all monies sent to said office on behalf of said obligee. Said IV-D agency shall also notify such obligee of his eligibility for IV-D services as a nonpublic assistance recipient and shall continue to provide any appropriate child support services unless requested by the obligee to terminate services.

Section 6. The IV-D agency, in accordance with Title IV, Part D of the Social Security Act, is hereby authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a court judgment or support order. These collection procedures shall include, but not be limited to, notification of employers that a wage assignment is in effect and not suspended, notification of obligors, demand letters, use of state and federal tax refund intercept programs, initiating contempt proceedings, and seeking capias in appropriate situations.

Section 7. On behalf of any individual for whom the IV-D agency is already providing services, or on application of obligee or obligor of a support order issued by the commonwealth or an agency to whom the obligee has assigned support rights, the IV-D agency shall promptly request the corresponding agency of another jurisdiction in which the obligor of a support order derives income to enter the support order for the purpose of obtaining income withholding against such income. Said IV-D agency shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order in a court or agency of competent jurisdiction for this purpose. Said IV-D agency shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent known modifications of the support order. If said IV-D agency receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time, and place of the hearings and of the obligee's right to attend.

Section 8. (a) Upon receiving from a corresponding agency in another jurisdiction a support order issued by a court or agency of competent jurisdiction with the documentation specified herein, the IV-D agency shall file the documents with the district or municipal court department of the trial court for enforcement pursuant to section ten of chapter two hundred and seventy-three A.

The following documentation is required for the filing of a support order of another jurisdiction:

(1) a certified copy of the support order with all modifications;

(2) a certified copy of any income withholding order still in effect;

(3) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

(4) an affidavit of the obligee or certified statement of the court or agency of the arrearages and the assignment of support rights, if any; and

(5) a statement of:

(a) the name, address, and social security number of the obligor, if known;

(b) the name and address of the obligor's employer or of any other source of income of the obligor derived in this state against which income withholding is sought;

(c) the name and address of the court or agency or person to whom support payments collected by income withholding shall be transmitted.

(b) If the documentation received by the IV-D agency does not conform to the requirements of paragraph (a), the IV-D agency shall remedy any defect which it can without the assistance of the requesting agency. If the IV-D agency is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The documentation required by this section shall be valid so long as the substantive requirements of this section are met.

Section 9. There is hereby established, separate and apart from all the public monies or funds of the commonwealth, a child support trust fund, which shall be administered by the IV-D agency without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund.

The fund shall consist of all child support payments from or on behalf of individual obligors paid to the commonwealth pursuant to this chapter, all fees charged and collected by the IV-D agency for its services, all incentive payments made by the federal government for child support activities, and all interest or other earnings from monies in the fund.

All monies in the fund shall be pooled and available for support payments, refunds, and other payments authorized by this chapter.

Section 10. The state treasurer shall serve as treasurer of the child support trust fund. He shall maintain within the child support trust fund two separate accounts as follows:-

(1) A child support payments account of amounts to be distributed to the proper obligees.

(2) A child support services account to be expended, without appropriation, on child support services authorized pursuant to Title IV, Part D, of the Social Security Act. To this account shall be credited all fees collected by the IV-D agency, all federal incentive payments, and all interest and earnings of the fund.

Section 11. The state treasurer shall from time to time requisition from said child support trust fund such amounts, not exceeding the amounts credited to the child support payments account, as the commissioner of revenue deems necessary for the payment of child support to obligees in accordance with the provisions of this chapter. The state treasurer shall also from time to time requisition from said child support trust fund such amounts, not exceeding amounts credited to the child support services account, as the commissioner of revenue deems necessary for a reasonable future period for the provision of child support services; provided that such amounts shall conform to a schedule of anticipated expenditures on file with the budget bureau and the house and senate committees on ways and means.

Section 12. (a) Each judgment or order for support issued pursuant to chapter two hundred and seven, chapter two hundred and eight, chapter two hundred and nine, chapter two hundred and nine C, and chapter two hundred and seventy-three A shall conform to and shall be enforced according to the provisions of this section. Each outstanding order for support which is reviewed, modified or otherwise brought before the court pursuant to any of said chapters or pursuant to section eighteen A of chapter two hundred and seventy-three shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of this section. At the discretion of the court, whenever appropriate, any order for the support of a child issued pursuant to section twenty-eight A of chapter one hundred and nineteen may conform to and be enforced in accordance with the provisions of this section.

(b) Each judgment or order for support to which this section applies shall be made payable to the IV-D agency on behalf of each obligee who is a recipient of public assistance or who signs an application to such IV-D agency for child support services. Such judgment or order shall be made payable directly to the obligee in any case where the obligor and the obligee agree in writing that payment shall be made directly to the obligee. Said IV-D agency shall have the responsibility to forward payments on a current basis pursuant to such judgment or order to the obligee or, to the extent that the obligee receives or received public assistance, to the department of public welfare. Each such judgment or order, whether payable to said agency or to an obligee, shall include a provision assigning a portion of the obligor's commissions, earnings, salaries, wages, or other periodic income from whatever source, except as expressly limited by law, to said agency in an amount sufficient to comply with the support order. Each such judgment or order shall also include a provision that the assignment be sufficient to reduce any arrearage of support that accrues under the order by increasing the assignment by twenty-five per cent until such arrearage is paid off, unless, upon request of an obligor pursuant to paragraph (2) of subsection (e), the court makes a determination that the additional payment would work an undue hardship on the obligor. No current order shall be reduced in order to pay off an arrearage.

The department of public welfare is authorized to receive support payments made on behalf of a current recipient only to the extent required by the provisions of Title IV, Part D, of the Social Security Act and to receive support payments made on behalf of a former recipient for arrearages only to the extent that the remainder of the support payments sent to such former recipient shall be reasonably calculated to provide sufficient maintenance for such former recipient and that such remainder is consistent with child support guidelines, if any, established by the chief administrative justice of the trial court. This section shall not affect the availability of any method for collecting an arrearage. In any case with an outstanding support order under this chapter in which no order of assignment has been executed, said IV-D agency shall executive an assignment and this section shall apply.

(c) Such assignment shall take effect immediately when the obligor is found in violation or contempt of an order of support. Such assignment shall also take effect immediately in all other cases, unless the court or the hearing officer finds good cause exists to order that the assignment be suspended and makes written findings in support of suspension or unless the obligor and the obligee agree in writing that payment shall be made directly to the obligee. Before the hearing regarding the suspension of such assignment, the IV-D agency shall inform the obligor that under the provisions of subsections (d) and (e), such assignment, even if suspended, will take effect without any further hearing if an arrearage accrues as described in paragraph (1) or (2), and that a hearing will be available as provided in said subsections (d) and (e).

In the event that an assignment is suspended in the first instance, it shall take effect:-

(1) when a total arrearage amounting to the support owing for a fourteen-day period has accrued; or

(2) in cases where payment is to be made once per month, fourteen days after a payment is missed, or, if no payment is missed, fourteen days after an arrearage amounting to one-half the amount of support owing for one month has accrued; or

(3) at the request of the obligor at any time prior to the accrual of an arrearage described in paragraph (1) or (2). Assignments pursuant to this section shall terminate when the underlying support obligation terminates and all arrears are paid. When the employee changes employers, the obligor shall promptly notify the IV-D agency which shall transfer the assignment to the subsequent employer. If an assignment is in effect under this section but cannot be implemented because the obligor has no employer, said agency shall send the assignment to any employer who later employs the obligor as soon as the new employment is ascertained.

(d) When said agency determines on its own information or on account of a claim by an obligee or the department of public welfare that an arrearage has accrued, it shall immediately send the notice of assignment to the obligor's employer as specified in subsection (f) and shall send a notice to the obligor that he may, within fifteen days from the date the notice is sent submit a request in writing for a hearing as to whether the assignment should be further suspended. Where the payment is not paid through the IV-D agency or the court, an obligee making a claim that an arrearage ha accrued, shall make the claim in writing under the penalties of perjury. The notice to the obligor shall also specify the amount to be withheld, and the procedures and grounds for further suspending the assignment. Such notice to the obligor shall set forth that the assignment applies to the obligor's subsequent employers and that the obligor is bound to notify said agency immediately when his employment changes or be subject to possible punishment for civil contempt of court.

(e) (1) If the obligor requests a hearing, it shall be held within fifteen days from receipt of his request. If at the hearing the obligor establishes that no arrearage satisfying the requirements of clause (1) or (2) of subsection (c) existed at the time notice was given or at any time thereafter, or that he is not the person owing such arrearage, the court or hearing officer may order that such assignment be suspended until such an arrearage does accrue. A suspension shall not be ordered upon any other grounds, including the fact that an arrearage satisfying said clause (1) or (2) does not exist at the time of the hearing if such an arrearage existed at the time when the notice was mailed or any time thereafter.

If the court or hearing officer orders that the assignment be suspended, said agency shall promptly notify the employer.

(2) The obligor may also request a hearing, under the same procedure and with the same notice, if he contends that the payment of arrears at the rate of twenty-five per cent of the face amount of the child support order is excessive or that the total arrears owing is incorrect. If the court or hearing officer determines at the hearing that payment of arrearage at that rate leaves the obligor with less money than is required to provide him minimum subsistence, or works an undue hardship on the obligor, the court or hearing officer may reduce the rate at which the arrearage must be paid to a reasonable rate. If the court or hearing officer determines at the hearing that the total amount of arrears calculated is erroneous, he shall reduce the amount calculated to correct the amount.

(f) The IV-D agency shall send notice of the assignment to the employer at the time required by subsection (d). The notice of assignment sent to the employer shall contain notice of paragraphs (1) to (7), inclusive, of this subsection, and shall also state the amount to be withheld and that such amount shall not exceed the limit on the obligor's income set by the Consumer Credit Protection Act.

(1) The employer may deduct from said earnings a sum not exceeding one dollar per pay period as reimbursement for costs incurred, and may submit to said agency one check covering all its employees whose income is assigned along with a statement enumerating each employee's obligation and amount paid.

(2) The employer may not discipline, suspend or discharge an employee because of an assignment executed pursuant to this section. Any employer who violates this section shall be liable in a civil action, action for contempt or other appropriate proceeding to such employee for all wages and employment benefits lost by the employee from the time of the unlawful discipline, suspension or discharge to the period of reinstatement.

(3) If an employer fails to comply with an order of income assignment executed pursuant to this section the court may summon the employer to appear in court and show cause why he should not be held in civil contempt for failure to obey said order. Said employer shall also be liable to the obligee in a civil action, action for contempt, or other appropriate proceeding for the full amount of the income assigned and a civil penalty of five hundred dollars.

(4) This order shall have priority over all other orders of assignment, attachment, liens, executions and other legal process, from whatever source, notwithstanding any other provision of law.

(5) The employer shall send the amount required by the assignment to said agency within three days of the date the employee is paid.

(6) The assignment shall begin on the first payment of income that occurs more than three days after the employer receives notice of the assignment and shall continue until the employee leaves that employment or the employer is notified by said agency that the assignment should be terminated.

(7) If the employee leaves the employment, the employer shall be responsible to notify said IV-D agency of his departure and his subsequent employer, if known, prior to the time that the next payment to said office is due.

(g) Data collected by the said IV-D agency shall not be a public record under chapter sixty-six, and access to this data shall be available only to employees of said agency and its contractors and to the obligor, obligee and children on whose behalf support is being paid and their representatives.

(h) Each obligor making payments to the said IV-D agency under this section shall be sent a notice describing the suspended income assignment system, including the factors triggering assignment under subsection (c), the obligor's duty to report changes in address or employment under subsection (d), and the obligor's right to access to the information compiled on his case at the time when the order of support entered, and once each year thereafter. Those obligors with orders already in effect shall be sent such notice within six months of the effective date of this section, and annually thereafter.

(i) When the obligor is self-employed, assignment shall be ordered in compliance with subsection (b) of this section. When income assignment cannot be obtained because the obligor has insufficient periodic income subject to attachment, the court may require that the obligor post a bond in an amount sufficient to secure the obligation of support. Such obligation may also be enforced by attachment of or lien against property, trustee process in accordance with chapter two hundred and forty-six; civil action to reach and apply; and any other civil remedy available for the enforcement of judgments or for the enforcement of support or custody orders entered under chapter two hundred and eight, two hundred and nine, two hundred and nine C or two hundred and seventy-three A.

SECTION 11. Section 7 of chapter 190 of the General Laws, as so appearing, is hereby amended by inserting after the word "seventy-three", in line 3, the words:- or chapter two hundred and nine C.

SECTION 12. Chapter 208 of the General Laws is hereby amended by striking out section 36, as so appearing, and inserting in place thereof the following section:-

Section 36. When alimony or support is adjudged for the spouse or children, the court may require sufficient security for its payment according to the judgment. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

SECTION 13. Chapter 209 of the General Laws is hereby amended by striking out section 32E, as so appearing, and inserting in place thereof the following section:-

Section 32E. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

SECTION 14. Said chapter 209 is hereby further amended by inserting after section 32E the following section:-

Section 32F. (a) If married persons live apart from each other, and no action pursuant to chapter two hundred and eight, section thirty-two of this chapter, or chapter two hundred and seven has been filed, the district, Boston municipal or probate and family court may enter a judgment against the spouse chargeable with support providing for the current support of the other spouse, and against any married person living apart from his minor child or children for the support of the child or children of the marriage. Such an action may be commenced by the spouse or child entitled to receive support; by a child's guardian, next of kin, or person having care and physical custody of the child, where the action is on behalf of the child; or by the department of public welfare, where the spouse or child is or was a recipient of benefits under chapters one hundred and seventeen or one hundred and eighteen. Where a spouse or child is or was a recipient of such benefits, the court shall notify the department of public welfare of the pendency of the action and the department shall be permitted to intervene in the action. Where the plaintiff is the department of public welfare or anyone other than the spouse or parent of child entitled to receive support, the court shall ensure that such spouse or all parties are notified of the action and of any motions for temporary orders of support. A spouse or parent or custodian shall be permitted to intervene in the action as of right. An order or judgment or support pursuant to this section may be entered notwithstanding the default of the defendant or his failure to appear personally.

(b) Proceedings under this section shall be filed in the judicial district or county where either spouse lives except that if the action includes or is on behalf of a minor child who does not live with either parent, the action shall be filed in the judicial district or county where the child lives. There shall be no filing fee for actions pursuant to this section. Service of the complaint shall be made in accordance with applicable rules of court. In addition to those otherwise authorized to serve civil process, any officer authorized under the laws of the commonwealth to serve criminal process may serve any process under this section.

(c) During the pendency of an action under this section and pursuant to the procedures adopted under chapter two hundred and twenty-one B, if applicable, temporary orders providing for the support of the spouse or children, may be entered. Such orders shall continue in force until modified or revoked, and shall be superseded by an order or judgment pursuant to an action under chapter two hundred and eight, under section thirty-two of this chapter or under chapter two hundred and seven.

(d) In determining the amount of current support to be paid, the court shall apply the standards established pursuant to guidelines established by the chief administrative justice of the trial court or, in the absence of such standards, shall consider the factors set forth in section thirty-two of this chapter.

The provisions of section thirty-seven of this chapter regarding health insurance shall apply to any action brought under this section.

(e) The court has continuing jurisdiction to modify, increase, decrease or revoke a judgment of support at any time after the judgment was made upon a complaint for modification and a showing of a substantial change or circumstances of parties and as the benefit of the spouse or child requires.

(f) No proceedings under this section shall be commenced or entertained if there is a prior pending action between the spouses or regarding the child entitled to support under chapters two hundred and seven, or chapter two hundred and eight or under section thirty-two of this chapter. If an action under chapters two hundred and seven, two hundred and eight or section thirty-two of this chapter is filed after the commencement of proceedings or after a judgment under this section, any support order or judgment issued in such action shall supersede any support order or judgment and any income assignment made under this section. Nothing herein shall prevent the probate and family court department in any proceeding under chapters two hundred and seven, two hundred and eight or section thirty-two of this chapter from entering an order or judgment enforcing any order or judgment under this section which has not been paid or entering an order or judgment enforcing provisions for payment contained in a judgment entered under this section.

(g) The administrative justices of the district, Boston municipal and probate and family court department of the trial court shall jointly promulgate a form of complaint for use under this section which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.

SECTION 15. Section 1 of chapter 209A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the definition of "Family or household member" and inserting in place thereof the following definition:-

"Family or household member", household member, former household member, a spouse, former spouse or their minor children, blood relative or person who, though unrelated by blood or marriage, is the parent of the plaintiff's minor child.

SECTION 16. The General Laws are hereby further amended by inserting after chapter 209B the following chapter:- `tuc CHAPTER 209C. CHILDREN BORN OUT OF WEDLOCK.

Section 1. Children born to parents who are not married to each other shall be entitled to the same rights and protections of the law as all other children. It is the purpose of this chapter to establish a means for such children either to be acknowledged by their parents voluntarily or, on complaint by one or the other of their parents or such other person or agency as is authorized to file a complaint by section five, to have an adjudication of their paternity, to have an order for their support and to have a declaration relative to their custody or visitation rights ordered by a court of competent jurisdiction. For the purpose of this chapter, the term "child born out of wedlock" shall refer to any child born to a man and woman who are not married to each other and shall include a child who was conceived and born to parents who are not married to each other but who subsequently intermarry and whose paternity has not been acknowledged by word or deed or whose paternity has not been adjudicated by a court of competent jurisdiction; and a child born to parents who are not married to each other whose paternity has been adjudicated by a court of competent jurisdiction, including an adjudication in a proceeding pursuant to this chapter or prior law. Every person is responsible for the support of his child born out of wedlock from its birth up to the age of eighteen, or, where such child is domiciled in the home of a parent and principally dependent upon said parent for maintenance, to age twenty-one. Each person charged with support under this section shall be required to furnish support according to his financial ability and earning capacity pursuant to the provisions of this chapter.

Section 2. Paternity may be established by the registration of an acknowledgment of parentage executed by both parents and filed with the court pursuant to section eleven or pursuant to an action to establish paternity filed pursuant to this chapter. Actions to establish support obligations or for custody or visitation rights may also be filed pursuant to this chapter.

Section 3. (a) The district, Boston municipal and the probate and family court departments of the trial court shall have concurrent jurisdiction over complaints to establish paternity or support and the registration of voluntary acknowledgments of parentage; provided, however, that the district and Boston municipal court departments shall have no jurisdiction of custody or visitation matters under this chapter. Complaints to establish paternity or support or for voluntary acknowledgments of parentage which also include a request for an order relative to custody or visitation shall be filed only in the probate and family court department.

(b) Any party to an action for paternity or support which is pending or was previously adjudicated by the district or Boston municipal court departments who seeks an order relative to custody or visitation may, after the adjudication or voluntary acknowledgment of paternity and entry of an order or judgment for support, file an action in the probate and family court department to determine custody or visitation. The probate and family court department shall proceed to adjudicate custody or visitation. The judgment of the court may include an order modifying any support order or judgment previously issued by the district or Boston municipal court departments, if there has been a substantial change of circumstances, as provided in section twenty.

(c) The juvenile court department shall have concurrent jurisdiction to adjudicate paternity and support and to accept registration of voluntary acknowledgments of parentage under this chapter, provided that actions brought under this chapter are joined or consolidated with actions brought under section twenty-four of chapter one hundred and nineteen and, provided further, that the action under section twenty-four of chapter one hundred and nineteen is initiated before the filing of a complaint under this chapter.

(d) Unless modified as provided in subsection (b) above, a prior order or judgment for support entered in the district or Boston municipal court department shall remain in full force and effect and shall be enforced in the Boston municipal court department or in the division of the district court department in which the original order or judgment for support was entered. In the event of a modification of a support order, the register of probate for the county in which the action for custody or visitation was filed shall notify the clerk-magistrate of the appropriate district or Boston municipal court in which support was previously adjudicated. The clerk-magistrate shall make entry in the docket of the fact that the case shall thereafter be heard only in the probate and family court department.

(e) An order or judgment for support entered in the juvenile court department shall remain in full force and effect and shall be enforced in the division of the juvenile court department in which the original order or judgment of support was entered during the pendency of an action pursuant to section twenty-four of chapter one hundred and nineteen. Six months after the dismissal or final order of commitment pursuant to section twenty-four of chapter one hundred and nineteen, the order or judgment of support shall expire. At the time of such dismissal or final order of commitment, the clerk-magistrate shall notify the parties and the IV-D agency, as set forth in chapter one hundred and nineteen A, of the date of expiration of the support order or judgment. If, before the expiration of the order or judgment of support, any of the parties or said IV-D agency files an action for support in the Boston municipal court department or the appropriate division of the district or probate and family court departments, the prior order or judgment shall be transferred to that court department and shall remain in full force and effect and shall be enforced and modified in said court department.

Section 4. Complaints under this chapter to establish paternity, support, custody or visitation of a child and written voluntary acknowledgments of parentage shall be filed in the judicial district or county in which the child and one of the parents lives. If neither of the parents lives in the same judicial district or county as the child then the complaint shall be filed in the judicial district or county where the child lives. The fact that the child was conceived, was born, or lives outside the commonwealth does not bar a proceeding to establish paternity pursuant to this chapter. Service of the complaint shall be made in accordance with applicable rules of court. In addition to those otherwise authorized to serve civil process, any officer authorized under the laws of the commonwealth to serve criminal process may serve any process under this chapter.

Section 5. (a) Complaints under this chapter to establish paternity, support, visitation or custody of a child may be commenced by the mother, whether a minor or not; by a person presumed to be or alleging himself to be the father, whether a minor or not; by the child; by the child's guardian, next of kin, or other person standing in a parental relation to the child; by the parent or personal representative of the mother if the mother has died or has abandoned the child; by the parent or personal representative of the father if the father has died; by the authorized agent of the department of social services or any agency licensed under chapter twenty-eight A provided that the child is in their custody; or, if the child is or was a recipient of any type of public assistance, by the department of public welfare; provided, however, that if the mother of the child was or is married and the child's birth occurs during the marriage or within three hundred days of its termination by death, annulment or divorce, complaints under this chapter may not be filed by a person presumed to be or alleging himself to be the father unless he is or was the mother's husband at the time of the child's birth or conception.

(b) Voluntary acknowledgments of parentage may be executed by the mother and the putative father, whether either or both is a minor, and may be registered pursuant to section eleven only if the signatures of the mother and the father are notarized. If the mother of the child was or is married and the child's birth occurs during the marriage or within three hundred days of its termination by death, annulment or divorce, a voluntary acknowledgment of parentage may only be executed by the mother, the putative father and the mother's husband at the time of the child's birth or conception. If such acknowledgment is executed with the department of public welfare or with any official of a court, such acknowledgment shall not be registered unless the mother and the father were informed in writing at the time the acknowledgment was executed that such acknowledgment would be registered with the court and could form the basis of a claim against the mother or the father for support of the child whose parentage is acknowledged.

(c) Any agency or person living with such child who is actually furnishing support to the child or, if the child who is the subject of an action under this chapter is a recipient of public assistance, the department of public welfare shall be made a party to any action for paternity or support under this chapter.

(d) The department of public welfare may not file complaints solely for custody or visitation, but shall be permitted to file actions for paternity or support; provided, however, that said department shall be permitted to maintain an action for paternity or support even if issues related to custody or visitation are raised.

(e) In actions under this chapter relative to custody or visitation, the child, if the child is fourteen years of age or older, shall be made a party to such action.

Section 6. (a) In all actions under this chapter a man is presumed to be the father of a child and must be joined as a party if:

(1) he is or has been married to the mother and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce; or

(2) before the child's birth, he married or attempted to marry the mother by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child was born during the attempted marriage or within three hundred days after its termination; or

(3) after the child's birth, he married or attempted to marry the mother by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

(i) he agreed to support the child under a written voluntary promise, or

(ii) he has engaged in any other conduct which can be construed as an acknowledgment of paternity; or

(4) while the child is under the age of majority, he, jointly with the mother, received the child into their home and openly held out the child as their child; or

(5) he has acknowledged paternity in a parental responsibility claim as provided in section four A of chapter two hundred and ten and the mother, having received actual notice thereof, has failed within a reasonable time, to object thereto; or

(6) with his consent and the consent of the child's mother, he is named as the child's father on the birth certificate as provided in section one of chapter forty-six.

Section 7. Actions under this chapter shall be civil actions. The plaintiff in an action filed to establish paternity may be represented by the IV-D agency, as set forth in chapter one hundred and nineteen A. In actions in which custody or visitation are contested, court may appoint counsel to represent either party wherever the interests of justice require.

The burden of proof in proceedings under this chapter to establish paternity shall be by clear and convincing evidence.

Section 8. On complaint to establish paternity, the court shall make a judgment establishing or not establishing paternity which shall be determinative for all purposes. The age of the person alleged to be the father in any action under this chapter, including a registration of parentage, shall not be a bar to the establishment of paternity or entry of a support order pursuant to section nine. If the child or the mother on behalf of the child is a recipient of public assistance and if the department of public welfare has not been made a party as required by section five, the court shall notify the department of the judgment. If the judgment is at variance with the child's birth certificate, the court may order that a new birth certificate be issued under section thirteen of chapter forty-six.

Section 9. (a) If the court finds that a parent is chargeable with the support of a child, the court shall make an order in accordance with subsection (c) requiring a parent to pay weekly or at other fixed periods a sum for and toward the current support and maintenance of such child. An order or judgment of support pursuant to this chapter may be entered notwithstanding the default of the defendant or his failure to appear personally. When the court makes a judgment or order for maintenance or support of a child and such child is not covered by a private group health insurance plan, the court shall determine whether the obligor under such judgment or order has health insurance or a group plan available to him through an employer or organization that may be extended to cover the child for whom support is ordered. When the court has determined that the obligor has such insurance, the court shall include in the support judgment or order a requirement that the obligor exercise the option of additional coverage in favor of such child. In addition, the court may order one party to pay the other party including the department of public welfare a sum for past support including payment for medical expenses consistent with the provisions of subsection (f).

(b) Upon demand by either party, including the department of public welfare, the other party shall be compelled to provide a financial statement, except that the department of public welfare shall not be compelled to provide a financial statement for a recipient of public assistance, and, provided further, if no party makes such a demand, the court may require a financial statement of each party.

(c) In determining the amount to be paid or in approving the agreement of the parties, the court shall apply the standards established by the chief administrative justice of the trial court or, in the absence of such standards, shall consider all relevant facts, including but not limited to:

(1) needs of persons entitled to support including necessary shelter, food, clothing, medical care and education;

(2) relative financial means of each parent, including their standard of living, age, health, station, occupation, amount and sources of income, including unearned income, vocational skills, employability, estate, liabilities and opportunity of each for future acquisition of capital assets and income;

(3) earning ability of each parent;

(4) age of the child;

(5) need and capacity of the child for education, including higher education;

(6) value of services, including those as a homemaker, contributed by the custodial parent; and

(7) the amount necessary for the obligor's minimum subsistence, including food, shelter, utilities, clothing and the reasonable expenses necessary to travel or obtain employment.

(d) It shall not be a defense that the parent from whom support is sought has ceased to have custody or the right to custody of a minor child for whom support is sought, or that the custodial parent is interfering with the other parent's right of visitation.

(e) If the child on whose behalf support is ordered is a recipient of benefits pursuant to chapters one hundred and seventeen or one hundred and eighteen of the General Laws and the department of public welfare has not been made a party as required by section five, the court shall notify the department of the order or judgment or support.

Section 10. (a) Upon or after an adjudication or voluntary acknowledgment of paternity, the court may award custody to the mother or the father or to them jointly or to another suitable person as hereafter further specified as may be appropriate in the best interests of the child.

In awarding custody to one of the parents, the court shall, to the extent possible, preserve the relationship between the child and the primary caretaker parent. The court shall also consider where and with whom the child has resided within the six months immediately preceding proceedings pursuant to this chapter and whether one or both of the parents has established a personal and parental relationship with the child or has exercised parental responsibility in the best interests of the child.

In awarding the parents joint custody, the court shall do so only if the parents have entered into an agreement pursuant to section eleven or the court finds that the parents have successfully exercised joint responsibility for the child prior to the commencement of proceedings pursuant to this chapter and have the ability to communicate and plan with each other concerning the child's best interests.

(b) Prior to or in the absence of an adjudication or voluntary acknowledgment of paternity, the mother shall have custody of a child born out of wedlock.

(c) If either parent is dead, unfit or unavailable or relinquishes care of the child or abandons the child and the other parent is fit to have custody, that parent shall be entitled to custody.

(d) If a person who is not a parent of the child requests custody, the court may order custody to that person if it is in the best interests of the child and if the written consent of both parents or the surviving parent is filed with the court. Such custody may also be ordered if it is in the best interests of the child and if both parents or the surviving parent are unfit to have custody or if one is unfit and the other files his written consent in court.

Section 11. (a) In lieu of or in conclusion of proceedings to establish paternity, the written voluntary acknowledgment of parentage executed jointly by the putative father, whether a minor or not, and the mother of the child, whether a minor or not, may be filed with and approved by a court of competent jurisdiction and proper venue.

After filing, either parent, or the department of public welfare if the child who is the subject of the acknowledgment is or was a recipient of public assistance, may, upon notice to the other parent or the department of public welfare, move for approval of the acknowledgment. The court shall approve the acknowledgment unless either parent objects. Upon approval, the acknowledgment shall have the same force and effect as a judgment adjudicating paternity. In any subsequent action under this chapter, a prior approved acknowledgment as to paternity shall be res judicata as to that issue which shall not be reconsidered by the court.

(b) If a mother and father execute a voluntary acknowledgment of parentage as provided in (a), they may also make agreements regarding custody, support and visitation. Such agreements may be filed with any court with jurisdiction pursuant to this chapter; provided, that any such agreement which includes issues of custody or visitation must be filed with a division of the probate and family court department. Such agreements, if filed with and approved by the court, in the manner described in (a), shall have the same force and effect as a judgment of the court; provided, however, that the court shall have the same power to investigate the facts regarding custody, support and visitation prior to entering an order relative to those issues as it would have if no agreement had been filed; and provided further, that an agreement regarding custody and visitation shall be approved only if the court finds it to be in the best interests of the child.

(c) Voluntary acknowledgments and agreements made pursuant to this chapter shall be acknowledged in the presence of a notary public.

(d) If the child is a recipient of public assistance, no agreement regarding support shall be approved by the court unless the department of public welfare has had an opportunity to be heard. Any such agreements shall be admissible in a proceeding under this chapter, and the court shall have the authority to order and enforce payment of any sums due under such written agreement.

Section 12. In actions under this chapter, the trial shall be by the court without a jury. In an action to establish paternity, the court may exclude the general public from the room where the trial is held and may admit only persons directly interested in the case, including officers of the court and witnesses.

Section 13. In all actions to establish paternity or in which paternity of a child is an issue, all complaints, pleadings, papers, documents, or reports filed in connection therewith, docket entries in the permanent docket and record books shall not be available for inspection, unless a judge of the court where such orders are kept, for good cause shown, shall otherwise order; provided however, that the child, his mother, the man adjudicated to be the father and the department of public welfare, when the child who is or was the subject of the complaint is a recipient of public assistance or the attorney for any of them, shall have access to and the right to obtain copies of the papers, docket books and judgments in actions pursuant to this chapter. Such complaints, reports, pleadings papers, and documents, permanent docket and record books shall be segregated. A separate permanent docket book and index shall be provided and shall likewise be segregated.

Section 14. An action to establish paternity of a child may be instituted during pregnancy of the mother but shall only be filed by the mother or her representative. In the case of any complaint brought prior to the birth of the child, no final judgment on the issue of paternity shall be made until after the birth of the child.

Section 15. During the pendency of an action under this chapter, the court may upon motion of any party, enter temporary orders to restrain interference with the personal liberty of any of the parties or the child.

The court may, in like manner, upon motion of any party or of a next friend on behalf of the child, and upon notice to the other parties, enter temporary orders providing for the support of the child or relative to the care and custody of the child or visitation rights with the child in accordance with the provisions of sections nine and ten.

All orders entered pursuant to this section shall continue in force until modified or revoked or until final judgment is granted, violations of such orders may be punished as contempt or enforced in the manner provided in section twenty.

Section 16. (a) Both the plaintiff and the defendant are competent to testify in proceedings hereunder.

(b) Upon refusal of any witness, including a party, to testify under oath and produce evidence, the court may order him or her to testify under oath and produce evidence, concerning all relevant facts. If the refusal is upon the ground that his testimony or evidence may tend to incriminate him the court may grant him immunity from all criminal liability on account of the testimony or evidence he is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence he is required to produce, except for perjury in his testimony. The refusal of a witness who has been granted immunity, to obey an order to testify or produce evidence may be punished as civil contempt of the court.

(c) In an action pursuant to this chapter, the mother and the man alleged to be the father shall be competent to testify and no privilege or disqualification created under chapter two hundred and thirty-three shall prohibit testimony by a spouse or former spouse which is otherwise competent. If the mother is or was married, both she and her husband or her former husband may testify to non-access and parentage of the child.

(d) In an action to establish paternity, testimony relating to sexual access to the mother by an unidentified man at any time or by an identified man at any time other than the probable time of conception of the child is inadmissible in evidence unless offered by the mother.

(e) In an action to establish paternity, the court may view the mother, the child, and the putative father to note any resemblance among the parties notwithstanding the absence of expert testimony.

(f) All other evidence relevant to the issue of paternity of the child, custody of a child or support of a child shall also be admissible.

Section 17. In an action to establish paternity, the court may, on the motion of any party or upon its own motion, order the mother, the child, and the putative father to submit to one or more blood or genetic marker tests, to be performed by a duly qualified physician or other such expert. The report of the results of blood grouping or genetic marker tests, including a statistical probability of the putative father's paternity based upon such tests, shall be admissible in evidence and shall be weighed along with other evidence of the putative father's paternity; provided, however, such report shall only be admissible in accordance with accepted principles of science, statistics, and equity; provided, further, that such report shall not be considered as evidence of the occurrence of intercourse between the mother and the putative father; and provided, however, that such report shall not be admissible absent sufficient evidence of intercourse between the mother and the putative father during the period of probable conception. If the report of the results of blood tests or an expert's analysis of inherited characteristics is disputed, the court may then order that an additional test be made at the same laboratory or different laboratory at the expense of the party requesting additional testing. Verified documentation of the chain of custody of blood specimens is competent evidence to establish such chain of custody. The fact that any party refuses to submit to a blood test shall be admissible. The cost of making any tests ordered pursuant to this section shall be chargeable against the party making the motion. The court in its discretion may order the costs of such testing to be apportioned among the parties provided, however, the court may not direct the department of public welfare to pay for such tests, unless said department is the moving party. Payment for the costs of such tests shall be considered a necessary expense and if any party chargeable with the costs of the blood tests is indigent as provided in section twenty-seven A of chapter two hundred and sixty-one, the court may direct payment of such costs by the commonwealth regardless of the type of tests requested by the moving party.

Section 18. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

Section 19. A judgment of support issued in conclusion of a proceeding under this chapter or a temporary support order issued under section fourteen may be enforced with one or more of the following methods:

(1) contempt in accordance with sections thirty-four and thirty-four A of chapter two hundred and fifteen;

(2) execution of the judgment;

(3) attachment of or lien against property;

(4) trustee process, in accordance with the provisions of chapter two hundred and forty-six;

(5) equitable actions to reach and apply for the enforcement of judgments; and

(6) any other civil remedy available for the enforcement of judgments or for the enforcement of support or custody orders entered under chapter two hundred and eight, two hundred and nine, and two hundred and seventy-three A.

Section 20. A court with original jurisdiction pursuant to section three has continuing jurisdiction, upon a complaint filed by a person or agency entitled to file original actions, to modify judgments of support, custody or visitation whenever a substantial change in the circumstances of the parties or the child has occurred, provided however, that no modification concerning custody or visitation shall be granted unless the court also finds it to be in the child's best interests to do so.

Section 21. Any interested party may bring an action to determine the existence of a mother and child relationship. Insofar as practicable, the provisions of this chapter applicable to establishing paternity shall apply.

Section 22. (a) A decree entered on a petition filed pursuant to chapter two hundred and ten shall be a bar to a proceeding under this chapter.

(b) A proceeding under chapter two hundred and seven, two hundred and eight, two hundred and nine, two hundred and seventy-three, or two hundred and seventy-three A shall not be a bar to any proceeding under this chapter. An action brought under this chapter may be consolidated with an action brought under chapters two hundred and seven, two hundred and eight, two hundred and nine or two hundred and seventy-three A if both actions are pending in the same department of the trial court.

(c) If an action under chapter two hundred and seven, two hundred and eight, or two hundred and nine, is filed after the commencement of proceedings or after a judgment under this chapter, any order or judgment for support of a child issued in the annulment, divorce or separate support proceedings shall supersede any prior order or judgment for support of the same child under this chapter; and any assignment made under this chapter shall be superseded by an assignment made in the divorce, separate support, or annulment proceeding; provided, however, that nothing herein shall prevent the court in such annulment, separate support or divorce proceeding from entering an order or judgment enforcing any previous support order or judgment for support under this chapter which has not been paid, consistent with the provisions of section nine.

(d) No proceeding hereunder shall be barred by a prior finding or adjudication under any repealed sections of chapter two hundred and seventy-three or by the fact that a child was born prior to the effective date of this chapter.

Section 23. (a) If, after adjudication of paternity or voluntary acknowledgment of parentage, the parents of the child intermarry, any order or judgments of the court relative to support, custody, visitation and restraint on personal liberty shall be null and void and the court shall have no continuing jurisdiction over the parties under this chapter.

(b) If, after proceedings are commenced but before an adjudication of paternity is issued, the parents intermarry, the court may adjudicate paternity hereunder but shall have no other jurisdiction over the child or the parents under this chapter.

(c) An action under this chapter may be commenced after the intermarriage of the parents of the child only to determine paternity.

Section 24. The administrative justices of the district, Boston municipal and the probate and family court department of the trial court shall jointly promulgate forms for complaints, agreements and registrations of parentage for use under this chapter, which shall be in such form and language to permit a person to prepare and file such forms pro se.

SECTION 16A. Chapter 211B of the General Laws is hereby amended by inserting at end thereof the following section:-

Section 15. There shall be established a committee on Child Support Guidelines in compliance with Section 467 of the Social Security Act (P.L. 98-378). The committee shall be advisory to the chief administrative justice of the trial court and shall consist of fifteen members, seven of whom shall be appointed by the chief administrative justice of the trial court, six of whom shall be appointed by the governor, at least five of whom served on the governor's commission on child support established by Executive Order on January twenty-eight, nineteen hundred and eighty-five, at least one of whom shall be a custodial parent and at least one of whom shall be a non-custodial parent, the commissioner of revenue, and the chief administrative justice of the trial court who shall be chairman. The committee shall report on such guidelines no later than January first, nineteen hundred and eighty-seven and shall filed said report with the clerk of the house of representatives and the clerk of the senate. No sooner than ninety days subsequent to the filing of said report, the chief administrative justice shall promulgate such child support guidelines for use by judges and hearing officers.

In determining support orders, in developing the recommendations for its report, the committee on child support standards shall consider all relevant social, economic, and legal principles. The committee shall be guided by the following principles: to minimize the economic impact on the child of family breakup, to encourage joint parental responsibility for child support, in proportion to or as a percentage of income, to provide the standards of living the child would have enjoyed had the family been intact, to meet a child's survival needs in the first instance, but to the extent either parent enjoys a higher standard of living entitle the child to share that higher standard, to protect a subsistence level of income of parents at the low end of the income range whether or not they are on public assistance, to take into account the non-monetary contributions of the custodial and non-custodial parent, to minimize problems of proof for the parties and of administration for the courts, and to allow for orders and wage assignments that can be adjusted as income or decreases.

SECTION 17. Chapter 215 of the General Laws is hereby amended by striking out section 4, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 4. Probate courts shall have exclusive original jurisdiction of actions by married women relative to their separate estate, of actions relative to the care, custody, education and maintenance of minor children provided for by sections thirty and thirty-seven of chapter two hundred and nine, and of actions relative to paternity, support, and custody of minor children provided for in chapter two hundred and nine C and shall have jurisdiction concurrently with the district and Boston municipal court departments of actions relative to paternity or support as provided in chapter two hundred and nine C and actions for support as provided in section thirty-two F of chapter two hundred and nine.

SECTION 18. Section 34 of said chapter 215, as so appearing, is hereby amended by adding the following paragraph:-

An order or judgment in a contempt proceeding for payment of an arrearage shall not be contingent on a reduction in the amount of current support payable under an existing order or judgment for support of a spouse, former spouse or child absent a finding that a substantial change of circumstances has occurred. Neither the existence of an arrearage nor the amount of any arrearage shall constitute a substantial change of circumstances or grounds for modification of an outstanding order or judgment for support.

SECTION 19. Section 19 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The Boston municipal and district court departments shall have original jurisdiction concurrent with the probate and family court department of actions relative to paternity and support under chapter two hundred and nine C.

SECTION 20. Section 57 of chapter 221 of the General Laws, as so appearing, is hereby amended by inserting after the word "governed", in line 1, the words:- by chapter two hundred and twenty-one B or.

SECTION 21. The General Laws are hereby further amended by inserting after chapter 221A the following chapter:- `tuc CHAPTER 221B. CHILD SUPPORT HEARING OFFICERS.

Section 1. The provisions of this chapter are enacted to expedite the hearing of child support cases in compliance with Section 3 of Public Law 98-378 (Section 466 of Title IV-D of the Social Security Act) and shall take effect upon receipt of notice by the IV-D agency of the disapproval, termination, revocation or denial of extension of an exemption granted to the commonwealth by the Department of Health and Human Services pursuant to applicable federal law and regulations.

Section 2. A committee of child support hearing officers shall certify as child support hearing officers members of the bar of the commonwealth who shall have practiced family law for a minimum period prescribed by the committee. Those certified shall participate in a training program prescribed by the committee, shall possess such other qualifications as the committee on child support hearing officers shall fix, and shall not be justices or clerk-magistrates of the trial court. The committee shall certify hearing officers eligibility for reappointment yearly. The performance of the hearing officer shall be subject to an annual review. Public notice of the review shall be given and members of the public may submit to the committee written comments relating to their performance. The committee shall adopt appropriate rules giving the hearing officers opportunity to respond to written comments concerning recertification. The hearing officer shall serve in the various divisions of the trial court departments, as appointed by the administrative justices of those departments and shall be removable by such administrative justices during their terms.

Section 3. The committee on child support hearing officers shall be comprised of the chief administrative justice of the trial court, the administrative justices of the probate and family court department, the district court department, and the Boston municipal court department, or their designees. The committee shall also include the following appointees of the chief administrative justice: a representative of the agency designated under Title IV, Part D of the Social Security Act, a representative of the department of public welfare if it is not the designated IV-D agency, as set forth in chapter one hundred and nineteen A, a representative of a bar association, a district attorney, a representative of an agency funded by chapter two hundred and twenty-one A, a custodial parent who is not a member of the bar and a noncustodial parent who is not a member of the bar. The terms of such appointees shall be three years; provided, however, that the first representative of a bar association, the first district attorney and the first representative of an agency funded pursuant to chapter two hundred and twenty-one A who are appointed shall serve for one year and the first custodial parent and the first noncustodial parent who are appointed shall serve for two years. Thereafter, all appointees shall serve for a term of three years, so that terms shall be staggered. The chief administrative justice shall be chairman of the committee on child support hearing officers.

Section 4. There are hereby established within the superior court department, the probate and family court department, district court department, and Boston municipal court department of the trial court procedures to expedite the hearing of all child support cases which shall include those portions of motions for temporary orders, motions or complaints for temporary modifications, agreements for modification, and complaints under chapter two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C or two hundred and seventy-three A or other proceedings involving child support, or involving spousal support when there are children eligible for child support. Child support cases shall also include those portions of motions or complaints seeking to enforce a child or spousal support order described in the previous sentence including complaints for contempt, motions for suspension of income assignment, actions to enforce income assignments of other states, and such other cases as are given to the jurisdiction of child support hearing officers by other provisions of law. Child support cases shall not include instances when the superior court or the probate and family court is to enter a judgment or decree under chapter two hundred and seven or two hundred and eight. The power of the child support hearing officers shall be limited to child support cases, as defined above, and any other issue raised in a motion or complaint shall be heard by a justice of the appropriate court in a separate proceeding.

Section 5. The child support cases heard by the child support hearing officers shall be governed by rules promulgated by the Supreme Judicial Court. Such rules shall specify that the parties shall receive adequate notice and opportunity to be heard and present relevant evidence in all proceedings. Such rules shall establish all procedures for child support cases, including initiation of actions, conduct of proceedings before the hearing officers, and approval of hearing officers' orders and judgments by justices of the trial court departments.

Section 6. Without the approval of any justice of any court, a child support hearing officer shall have the power to issue subpoenas for the appearance of witnesses; to put witnesses under oath; to call parties to proceedings and to examine parties and witnesses; to require parties to file financial statements signed under oath; to issue a capias upon the failure of a party to appear on proper notice; and to accept acknowledgments of paternity and order blood tests under chapter two hundred and nine C.

Section 7. A hearing officer shall have the power to make the following orders, notwithstanding the default of the party chargeable with support or his failure to appear personally, which shall be subject to review and approval by a justice of the court division in which he is sitting as described in this chapter: an order for support under chapter two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C or two hundred and seventy-three A; a judgment of contempt for failure to comply with an order to provide support, including an employer's failure to comply with an order for income assignment, for failure to appear in response to a summons, or for any other reason; a stipulation for support or modification agreed to by the parties; an order establishing the amount of arrears or the rate at which arrears are to be paid off; an order suspending a judgment enforcing the income assignment order of another state or making an income assignment order based on the judgment of another state; and all actions to enforce judgments and orders available to the courts, including, but not limited to, orders for attachment of or lien against property, orders to post bond and security, and judgments of trustee process; and such other powers as may be given to masters by statute or rule.

Section 7. Each order or judgment of a hearing officer described in section six shall be presented to a justice of the division in which he is sitting within twenty-four hours for review and approval. The justice shall examine the record and sign each order or judgment unless he makes written findings that the hearing officer committed an error of law, that the decision is not supported by substantial evidence, or that it constitutes an abuse of discretion.

Section 8. Within three business days of the hearing officer's decision, any party may seek reconsideration of that decision to a justice of the division in which the decision was rendered. In such cases, it shall be the burden of the party seeking reconsideration to show cause that the order of the hearing officer should not stand. The reconsideration hearing may consist of the presentation of evidence and argument to the justice, who may alter the decision of the hearing officer only on written findings. Approval of the hearing officer's decision under section seven shall not limit the right to reconsideration under this section.

Section 9. Orders or judgments of a hearing officer shall be effective immediately unless stayed by a justice. Orders or judgments of a hearing officer shall not be stayed except by a justice of the division in which it was rendered, and in the event of such a stay the justice shall make a superseding order or judgment within seven calendar days.

Section 10. After review of the hearing officer's decision in accordance with section seven or reconsideration under section eight, a party may claim an appeal to the appeals court from an order, decision, or judgment of the court. Such appeal must be claimed within thirty days of the order. The supreme judicial court shall promulgate appropriate rules governing such appeals.

SECTION 22. Chapter 273 of the General Laws is hereby amended by striking out section 1, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 1. A spouse or parent shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section fifteen A if:

(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or

(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or

(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or

(4) wilfully and while having the financial ability and earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three or two hundred and seventy-three A or pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.

A child shall not be deemed to be neglected or lack proper physical care for the sole reason that he is being provided remedial treatment by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof. In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.

SECTION 23. Sections four and five of said chapter two hundred and seventy-three are hereby repealed.

SECTION 24. Said chapter 273 is hereby further amended by striking out section 6, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 6. The court shall also have the power to release the defendant from custody on probation for a period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make his personal appearance in court whenever ordered to do so, and shall further comply with the terms of any currently enforceable judgment or order for support entered pursuant to any civil action, including an action for annulment, divorce, separate support, or paternity and support, under chapters two hundred and seven, two hundred and eight, two hundred and nine or two hundred and nine C, then such recognizance shall be void, otherwise of full force and effect. An order or judgment for support entered against the defendant in any such civil proceeding shall be deemed to be currently enforceable if the defendant is currently able to comply with said order or judgment and it is or would be enforceable pursuant to an action for contempt or otherwise as provided under said chapter in case of forfeiture of recognizance, and enforcement therefor by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part, to the spouse or parent of the child or to the person entitled to receive support.

SECTION 25. Sections twelve, twelve A, thirteen and fourteen of said chapter two hundred and seventy-three are hereby repealed.

SECTION 26. Said chapter 273 is hereby further amended by striking out section 15, as appearing in the 1984 Official Edition, and inserting in place thereof the following two sections:-

Section 15. A parent of a minor child born out of wedlock whether or not the child was born in the commonwealth who wilfully neglects or refuses to contribute reasonably to the support of the child or who leaves the commonwealth and goes into another state without making reasonable provision for the support of the child, or who enters the commonwealth from another state without making reasonable provision for the support of the child domiciled in another state, or who, wilfully and while having the financial ability and earning capacity to have complied, fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and nine C, two hundred and seventy-three or two hundred and seventy-three A or pursuant to similar laws of other states, shall be guilty of a misdemeanor and shall be subject to the penalties provided under section fifteen A. No civil proceeding in any court shall be held to be a bar to the prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child to whom, or on whose behalf, support is owed.

If there has been a voluntary acknowledgment of parentage or an adjudication of paternity under chapter two hundred and nine C or under any provision of this chapter in effect immediately prior to the effective date of this section or other law in this or any other jurisdiction, such acknowledgment or adjudication shall be conclusive on all persons in proceedings under this section. If there has been no adjudication or acknowledgment of paternity, proceedings under this section shall be stayed pending the conclusion of an action to establish paternity under chapter two hundred and nine C, which shall be commenced forthwith.

Section 15A. (1) The penalty for violation of sections one and fifteen of this chapter shall be by fine or by imprisonment as specified below.

(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and seventy-three A, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be penalized by a fine not to exceed five thousand dollars or two years imprisonment, or both.

(3) A person who leaves the commonwealth and goes into another state without making reasonable provisions for the support of a spouse or child, or who enters the commonwealth from another state without making reasonable provision for the support of a spouse or child domiciled in another state, shall be penalized by a fine not to exceed ten thousand dollars or five years imprisonment, or both.

(4) In a prosecution under this chapter, the court may, upon conviction of the defendant, provide for alternative sentencing including (a) the suspension of the sentence upon and during the compliance by the defendant with any order for the support as already made or as thereafter modified, or (b) notwithstanding the provision of section six of chapter two hundred and seventy-nine, the imprisonment of the defendant only on designated weekends, evenings or holidays, provided, that such defendant retains employment and complies with such support orders.

(5) In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant's prior ability to have paid support.

SECTION 27. Said chapter 273 is hereby further amended by striking out section 17, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 17. If the court having jurisdiction of a case under sections fifteen to eighteen, inclusive, becomes satisfied that the alleged father and the mother have married each other and the child has become or will be the legitimate child of the alleged father or that it is for the best interest of the child, the case may be dismissed and if the court certifies that it is for the best interests of the child, no further prosecution shall be maintained under any of said sections.

SECTION 28. Section 18 of said chapter 273, as so appearing, is hereby amended by striking out, in line 2, the word "twelve" and inserting in place thereof the word:- fifteen.

SECTION 29. Said chapter 273 of the General Laws is hereby amended by inserting after section 18 the following section:-

Section 18A. (a) Any order issued by a court pursuant to sections one, five, or fifteen as those sections appeared prior to the effective date of this section directing the defendant to pay certain sums periodically to the probation officer as a condition of releasing the defendant from custody on probation, shall continue in full force and effect, subject to the jurisdiction of said court and to change from time to time as circumstances may require, for a period not exceeding six years from said date. A voluntary agreement relating to the support of a spouse or child or children previously executed by the defendant may be admitted as evidence of the defendant's support obligation. If the court finds that the obligation imposed by such agreement is reasonable in the circumstance, and that the defendant has failed to comply with its terms, the court may include in any subsequent order the payment of any part or all of the arrears which accrued under such agreement if the complaint includes the period of such arrearage; provided, however, that when such agreement is executed with the department of public welfare or with any official of the court, such agreement shall not be enforceable unless the defendant was informed in writing at the time he executed the agreement that the failure to comply with the support order would result in the commencement of criminal nonsupport proceedings under this chapter against him. The probation officer subject to the direction of the court, shall pay over payments received by him to the IV-D agency, as set forth in chapter one hundred and nineteen A, which shall in turn make payments to the spouse or guardian or custodian of the child, or to the city, town, corporation, society or person supporting the spouse or child, or to the state treasurer for the use of the department of social services when the payments are for the support of a child committed to it. If the court is satisfied by due proof under oath that at any time the defendant has violated the terms of the order for payments, it may proceed to try the defendant upon the original charge, or sentence him under the original plea or conviction, or enforce the suspended sentence, as the case may be.

(b) When the court reviews or modifies an order for support on behalf of a spouse or child, and such spouse or child is not covered by a private group health insurance plan, said court shall determine whether the obligor under such order has health insurance on a group plan available to him through an employer or organization that may be extended to cover the spouse or child for whom support is ordered. When said court has determined that the obligor has such insurance, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of such spouse or child.

(c) Each order for support reviewed, modified, or otherwise brought before the court pursuant to this section shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

SECTION 30. Chapter 273A of the General Laws is hereby amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. When the commonwealth is a responding state, and the court finds a duty of support, it may order the respondent to furnish support or reimbursement therefor in a reasonable amount, and subject the property of the respondent to such order. All other courts of the commonwealth shall likewise enforce the order and upon doing so shall inform the court first making the order.

When the court makes an order for support on behalf of a spouse or child, and such spouse or child is not covered by a private group health insurance plan, said court shall determine whether the obligor under such order has health insurance on a group plan available to him through an employer or organization that may be extended to cover the spouse or child for whom support is ordered. When said court has determined that the obligor has such insurance, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of such spouse or child.

Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

Any judgment or order for income assignment issuing from a court or agency of competent jurisdiction of any other state, which has a law providing for the assignment of wages, which satisfies the requirements of federal law, shall have the same force and effect as if the income assignment judgment or order originated from a court of the commonwealth. When any such judgment or order is transmitted to the IV-D Agency as set forth in chapter one hundred and nineteen A, said agency shall file the judgment or order with the clerk-magistrate of the district or municipal court for the district in which the obligor resides and shall obtain and notify the obligor of a hearing date. The filing of the foreign state's judgment or order shall not confer jurisdiction on the courts of the commonwealth for any purpose other than ordering income assignment. If at the hearing, whether or not the obligor appears personally, the court or hearing officer finds that the income assignment judgment or order was entered by a court or agency of competent jurisdiction and was not obtained by fraud and that the conditions enumerated in paragraph (1), (2), or (3) of subsection (c) of section twelve of said chapter one hundred and nineteen A exist or existed at the time notice was given or at any time thereafter, the court or hearing officer shall order income assignment without otherwise altering the foreign state's judgment or order. The provisions of said subsection (c) concerning the transfer of assignments to subsequent and new employers, and the provisions of subsections (f), (g), (h) and (i) of said section twelve shall apply to such orders.

SECTION 31. Section 85A of chapter 276 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Consistent with these and other duties, a probation officer shall assist the IV-D agency, as set forth in chapter one hundred and nineteen A, to enforce child support orders pursuant to said chapter eighteen C.

SECTION 32. All employees of the child support enforcement unit within the department of public welfare are hereby transferred to the employ of the division of child support enforcement within the department of revenue. Any collective bargaining agents which represented such employees prior to the effective date of such transfer shall continue to represent such employees until such bargaining agent shall be changed by such employees in accordance with chapter one hundred and fifty E of the General Laws. All employees so transferred shall also remain in the same collective bargaining unit, subject to said chapter one hundred and fifty E. Any collective bargaining agreements in effect prior to the effective date of this act shall remain in effect until they expire under their own terms.

All employees of said unit transferred to the employ of the department of revenue by this act, who, immediately prior to the effective date of this act, hold positions related to the exercise of such powers or the performance of such duties and either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws shall be transferred to the employ of said department without impairment of civil service status, seniority, retirement or other rights of the employee and without interruption of service within the meaning of said chapter thirty-one or said section nine A and without reduction in compensation or salary grade notwithstanding any change in title or duties resulting from such transfer, subject to the provisions of said chapter thirty-one and the rules and regulations adopted thereunder.

All such employees who, immediately prior to said effective date, hold positions related to the exercise of such powers or the performance of such duties but neither hold permanent appointments in such positions nor have such tenure, are so transferred without impairment of seniority, retirement and other rights of the employee, and without the interruption of service within the meaning of said section nine A of chapter thirty of the General Laws and without reduction in compensation of salary grade, notwithstanding any change in title or duties resulting from such transfer.

Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff, or abolition of position not prohibited prior to said effective date.

The status of the incumbent of any office or position placed within the classified civil service by this act shall be determined pursuant to the provisions of section fifty-six of said chapter thirty-one.

All books, papers, records, documents, equipment, and other property, which, immediately prior to the effective date of this act, are in the custody of said unit shall be transferred to the custody of said division. All duly existing contracts, leases, agreements, and obligations of said unit in force immediately prior to the effective date of this act shall thereafter be performed by said division. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act. All monies heretofore appropriated for said unit remaining unexpended on the effective date of this act shall be available for expenditure by said division for the purposes for which funds were originally appropriated.

All powers, duties and other statutory provisions which prior to the effective date of this act were assigned to, or executed by said unit shall continue to be exercised and performed by, and to be assigned to, said division.

All assignments of support, voluntary acknowledgments of paternity, support agreements, and other duly executed agreements by obligors and obligees with the department of public welfare in effect prior to the effective date of this section shall remain in effect, provided however, that the rights and obligations of the department of public welfare under such assignments, acknowledgments, and agreements shall be transferred to the department of revenue.

SECTION 33. Support orders issued prior to the effective date of this act pursuant to chapter two hundred and seven of the General Laws, chapter two hundred and eight of the General Laws, chapter two hundred and nine of the General Laws, and chapter two hundred and seventy-three of the General Laws, as in effect prior to the effective date of this act, shall remain in effect until modified in accordance with the provisions of this act, notwithstanding any provision of this act to the contrary. Obligors with such support orders in effect prior to the effective date of this act shall be sent the notice required by subpart (h) of section twelve of chapter one hundred and nineteen A of the General Laws, as added by this act, within twelve months of the effective date of this act.

SECTION 34. Notwithstanding the provisions to the contrary of section one of chapter one hundred and nineteen A of the General Laws, as added by section ten B of this act, the department of public welfare shall serve as the IV-D agency, as set forth in said chapter one hundred and nineteen and nineteen A until June thirtieth, nineteen hundred and eighty-seven.

SECTION 35. Sections one and thirty-two of this act shall take effect as of July first, nineteen hundred and eighty-seven and all other sections of this act shall take effect upon passage.

SECTION 36. The provisions of this act are severable and if any of its provisions shall be held unconstitutional, void or unenforceable by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions.