Session Laws

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. Section 28 of chapter 10 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "winner", in line 3, the following words:- or to the IV-D agency as set forth in chapter one hundred and nineteen A.

SECTION 2. Said chapter 10, as so appearing, is hereby further amended by inserting after section 28 the following section:-

Section 28A. Prior to disbursement of a prize in excess of six hundred dollars, the commission shall review information furnished by the IV-D agency, as set forth in chapter one hundred and nineteen A, to ascertain whether the holder of a winning ticket owes past-due child support to the commonwealth or to an individual to whom the IV-D agency is providing services. If the holder owes past-due child support, the commission shall notify the IV-D agency of the holder's name, address and social security number. Subsequent to statutory state and federal tax withholding, the commission shall disburse to the IV-D agency the full amount of the prize or such portion of the prize that satisfies the holder's past-due child support obligation. The commission shall disburse to the holder only that portion of the prize, if any, remaining after the holder's past-due child support obligation has been satisfied.

SECTION 3. The first paragraph of section 1A of chapter 14 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following sentence:- The commissioner of revenue shall have authority to delegate any child support enforcement powers or duties assigned to him under any provision of law to the IV-D agency.

SECTION 4. Section sixteen A of chapter eighteen of the General Laws is hereby repealed.

SECTION 5. Section 1 of chapter 46 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 9, the words "on the written request of both the father and mother" and inserting in place thereof the following words:- where the mother and father have signed a voluntary acknowledgment of parentage pursuant to section eleven of chapter two hundred and nine C.

SECTION 6. Said chapter 46, as so appearing, is hereby further amended by inserting after section 3B the following section:-

Section 3C. Prior to obtaining the report required by section three, if a birth is of a child whose mother was unmarried at the time of birth or conception, the administrator or person in charge of a hospital or similar institution in which such birth occurs, or his agent, shall: (a) provide written information, furnished by the IV-D agency as set forth in chapter one hundred and nineteen A, to the mother, and to the putative father if he is known to the administrator or person in charge of the hospital, regarding the benefits and responsibilities of parentage, including the availability of services to establish paternity, and shall provide an application for child support enforcement services; and (b) provide an opportunity for the child's mother and putative father to complete a voluntary acknowledgment of parentage pursuant to section eleven of chapter two hundred and nine C.

SECTION 7. Subsection (b) of section 21 of chapter 62C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out clause (13) and inserting in place thereof the following clause:- (13) the disclosure of information or provision of copies of returns or documents to the IV-D agency, as set forth in chapter one hundred and nineteen A, for the purpose of locating or identifying obligors, as defined in said chapter one hundred and nineteen A, evaluating their ability to pay support and ascertaining their sources of income and types of assets pursuant to subsection (b) of section fourteen of chapter one hundred and nineteen A.

SECTION 8. Chapter 62D of the General Laws is hereby amended by striking out section 13, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 13. In the event that a debtor owes liabilities to several claimant agencies, priority of set-off against any refund shall be as follows: (i) unpaid state tax liabilities; (ii) unpaid spousal or child support obligations certified by the IV-D agency as set forth in chapter one hundred and nineteen A; (iii) unreimbursed costs of health services to a child eligible for medical assistance under Title XIX of the Social Security Act; (iv) unpaid department of employment and training liabilities; and (v) the board of regents of higher education.

SECTION 9. Section 1 of chapter 62E of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the definition of "Internal Revenue Code or Code" and inserting in place thereof the following definition:- "Internal Revenue Code" or "Code", the Internal Revenue Code of the United States, as amended and in effect at the time wages are required to be reported under this chapter.

SECTION 10. Section 2 of said chapter 62E, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The commissioner may require an employer that is otherwise subject to reporting on magnetic media or in other machine readable form under the provisions of section 6011(e) of the Internal Revenue Code to submit such information on magnetic media or in other machine readable form in accordance with specifications provided by said commissioner.

SECTION 11. Section 3 of said chapter 62E, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The commissioner is hereby authorized and directed to design, develop, implement and operate a wage reporting and bank match system (1) for the purpose of verifying financial eligibility of participants in entitlement programs of the commonwealth or any political subdivision thereof or their respective agencies, including local administering agencies and local housing authorities; (2) for purposes of verifying the eligibility of employees of the commonwealth or any political subdivision thereof or their respective agencies for workers' compensation benefits; and (3) for purposes of administering the tax laws and the child support enforcement program of the commonwealth. The commissioner may, with the approval of the secretary of the executive office of administration and finance, adopt regulations which shall include other programs in said system; provided, however, that the commissioner shall submit such proposed regulations to the house and senate committees on ways and means not less than sixty days before filing the final regulations with the state secretary.

SECTION 12. Said chapter 62E is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. (a) The commissioner shall request, not more than quarterly, from each institution as defined in subsection (e), the name, record address, social security number and other identifying data for each person listed in such request who maintains an account at such institution. The commissioner shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters.

(b) The commissioner may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause as defined in subsection (e).

(c) All requests made by the commissioner pursuant to subsection (a) or (b) shall be in machine readable form unless such institution expressly requests the commissioner to submit a request in writing. The institution shall furnish all such information in machine readable form satisfactory to the commissioner, within thirty days of such request. Such financial institution may furnish all such information on those persons whose accounts on the books of such institution have a residential address within the commonwealth at the time such request is processed by such institution.

(d) At its option, an institution may, within thirty days of the end of the first quarter of every calendar year, submit to the commissioner a report of the name, record address, social security number and other identifying data of each person maintaining an account at such institution. Within thirty days of the end of each subsequent quarter of every calendar year, every institution electing this option shall submit to the commissioner a supplemental report regarding each new account opened by a person during such quarter and each account reported in a prior quarter that has been closed during the most recent quarter. Such information shall be submitted in machine readable form satisfactory to the commissioner. An institution filing reports under this subsection shall not be required to comply with subsections (a) or (b).

(e) For the purposes of this section, the word "institution" shall mean every federal or state commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions; benefit associations; insurance companies, safe deposit companies, any money-market mutual fund, and any entity similar to the foregoing authorized to do business in the commonwealth. For the purposes of this section, the term "money-market mutual fund" shall mean every regulated investment company within the meaning of section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of one dollar in accordance with 17 CFR 270.2a-7. For the purposes of this section, the word "account" shall mean a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or a money-market mutual fund account. For the purposes of this section, the term "for cause" shall mean that the commissioner has reason to believe that an individual has opened an account at such institution.

SECTION 13. Said chapter 62E is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. An advisory committee is hereby established to oversee the implementation of the bank match system established pursuant to section three. Said advisory committee shall consist of one member of the state senate, one member of the house of representatives, the commissioner or his designee, and six persons to be appointed by the governor, four of whom shall represent commercial banks, savings banks, savings and loans associations, cooperative banks, credit unions, and money-market mutual funds; provided, however, that at least one member of such committee shall represent financial institutions with assets of less than one hundred million dollars. Said members shall, annually, elect a chairperson. Said committee shall meet from time to time and at a place convenient to its purpose. Said committee may recommend to the commissioner changes to the report specifications, as provided in section three, and improvements to ensure compatibility among data processing systems or other measures to reduce costs or improve efficiencies.

SECTION 14. Section 11 of said chapter 62E, as so appearing, is hereby amended by inserting after the word "wage", in line 2, and in line 7 the second time it appears, the following words:- and bank.

SECTION 15. The first paragraph of section 12 of said chapter 62E, as so appearing, is hereby amended by inserting, in line 4, after the word "wage", the following words:- and bank.

SECTION 16. Section 13 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 1, the word "quarterly", and inserting in place thereof the following word:- semi-annual.

SECTION 17. Said chapter 62E, as so appearing, is hereby further amended by inserting after section 13 the following section:-

Section 14. Unless otherwise required by applicable law, an institution furnishing a report or providing information to the commissioner under either subsection (a) or subsection (b) of section four shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the commissioner; provided, however, that an institution may disclose to its depositors or account holders that under the bank match system the commissioner has the authority to request certain identifying information on certain depositors or account holders. If an institution willfully violates the provisions of this section, such institution shall pay to the commissioner the lesser of one thousand dollars or the amount on deposit or in the account of the person to whom such disclosure was made. An institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the commissioner under section four, or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the commissioner or in a report furnished by the institution to the commissioner. An institution may charge an account levied on by the commissioner a fee, as determined by the commissioner, of not less than twenty nor more than fifty dollars which shall be deducted from such account prior to remitting any funds to the commissioner.

SECTION 18. Section 17A of chapter 66 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words ", including the use of said records by the department of public welfare in set-off debt collections under chapter sixty-two D" and inserting in place thereof the following words:- or with the administration of child support enforcement under chapter one hundred and nineteen A, including the use of said records in set-off debt collections under chapter sixty-two D.

SECTION 19. Section 22 of chapter 90 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:-

(g) If the registrar receives notice from the department of revenue that, after a hearing or an opportunity therefor, a finding of child support delinquency sufficient to revoke or suspend a license or right to operate a motor vehicle and certificate of registration has been made pursuant to section sixteen of chapter one hundred and nineteen A, against a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter, said registrar shall suspend or revoke such license or right to operate and the registration of any motor vehicle owned by such person and forward any notice required by paragraph (d) to the person whose license or right to operate and certificate of registration is suspended or revoked. Said registrar shall reinstate such license or right to operate and permit the registration of a motor vehicle if the department of revenue provides to the registrar a written notice stating that the resident or other person is in compliance with a judgment or order for child support. Notices between the department of revenue and the registrar under this subsection may be made in any form, including electronic transmission. Any individual aggrieved by a decision of the registrar may appeal therefrom pursuant to section sixteen of chapter one hundred and nineteen A.

SECTION 20. The first paragraph of section 2 of chapter 118 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence.

SECTION 21. Section 1 of chapter 119A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- It is hereby declared to be against the public policy of the commonwealth for a court of competent jurisdiction to enforce an agreement between parents if enforcement of the agreement prevents an adjustment or modification of a child support obligation when such adjustment or modification is required to ensure that the allocation of parental resources continues to be fair and reasonable and in the best interests of the child.

SECTION 22. Said section 1 of said chapter 119A, as so appearing, is hereby further amended by adding the following sentences:- Nothing in this chapter shall be construed to limit the authority of the commissioner to delegate to the IV-D agency any child support enforcement powers or duties assigned to him under any provision of law. Said commissioner may promulgate regulations for the effective administration of the child support enforcement program.

SECTION 23. Section 2 of said chapter 119A, as so appearing, is hereby amended by inserting after the word "eighteen", in line 15, the following words:- and the subrogation rights of the department of social services under section twenty-three of chapter one hundred and nineteen.

SECTION 24. Said section 2 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "penalty", in line 34, the following words:- , fee or interest.

SECTION 25. The second paragraph of section 2 of said chapter 119A, as so appearing, is hereby amended by adding the following three sentences:- Upon collection, a penalty or fee shall be retained by the IV-D agency; provided that such penalties or fees shall be placed in a separate fund established upon the books of the commonwealth by the comptroller; and, provided further, that such penalties or fees may only be expended subject to appropriation. Upon collection, interest shall be distributed to the obligee. For purposes of administering the child support enforcement program pursuant to this chapter, "obligee" shall mean an individual to whom support is or may be owed or in whose favor a support order has been issued or a judgment of paternity has been, or may be, rendered or a state or political subdivision to which rights under a child support obligation have been assigned or which has independent claims based on financial assistance provided to an individual obligee; and "obligor" shall mean an individual, or the estate of a decedent, who owes or may owe a duty of support, or who is liable under a child support obligation, or who is alleged, by sworn statement, to be the parent of a child to whom a duty of support is owed.

SECTION 26. Said chapter 119A, as so appearing, is hereby further amended by inserting after section 2 the following section:-

Section 2A. Whoever willfully corrupts or by force or threats of force, including any threatening letter or communication, attempts to intimidate or impede an officer or employee of the commonwealth acting in an official capacity under this chapter, or in any other way corrupts or by force or threats of force, including any threatening letter or communication, obstructs or impedes, or attempts to obstruct or impede, the due administration of this chapter, shall, upon conviction thereof, be punished by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both; provided, however, if the offense is committed only by threats of force, the person convicted thereof shall be punished by a fine of not more than three thousand dollars or by imprisonment for not more than one year, or both. The term "threats of force", as used in this subsection, shall mean threats of bodily harm to the officer or employee of the commonwealth or to a member of his family.

SECTION 27. The first paragraph of section 3 of said chapter 119A, as so appearing, is hereby amended by adding the following sentence:- The provision of services under this chapter, which shall include services by an attorney employed by, under contract to, or representing the IV-D agency, shall create an attorney-client relationship with the IV-D agency and not the individual who may benefit from the service; provided, however, that the confidentiality of information furnished by any such individual shall be protected from disclosure to the extent provided by federal and state law.

SECTION 28. Section 5 of said chapter 119A, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

Whenever the IV-D agency closes a child support case in accordance with Part D of Title IV of the Social Security Act and the regulations promulgated thereunder because the whereabouts of the obligee are unknown, the IV-D agency shall direct the obligor, and any employer or other person remitting child support payments on behalf of the obligor, to cease remitting such payments to the IV-D agency. Thereafter the IV-D agency may, in accordance with regulations promulgated under this chapter, may transfer the undisbursed payments to the department of public welfare to reimburse the commonwealth for arrears due for any period that public assistance was provided to the obligee or may return to the obligor any payments received by it that cannot be disbursed to the obligee because such obligee's whereabouts are unknown. The return of a child support payment to an obligor hereunder shall not affect the underlying child support obligation. The IV-D agency shall maintain any undisbursed payments, along with any payments that are unidentifiable as to either the obligee or the obligor, in the child support trust fund payments account for three years. If, at the expiration of such time the IV-D agency has been unable to locate the obligee on whose behalf the payments were remitted or has not transferred the payments to the department of public welfare or has not returned the payments to the obligor or has not identified the obligor or obligee of the payments and the payments remain undisbursed or unidentified, the IV-D agency shall remit such funds to the state treasurer pursuant to the provisions of chapter two hundred A of the General Laws, notwithstanding the provisions of subsection (g) of section twelve.

SECTION 29. Subsection (a) of section 6 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 12, the words "for the collection of state taxes".

SECTION 30. Said subsection (a) of said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words "against delinquent obligations under the provisions of paragraph (1) of subsection (b)".

SECTION 31. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is established. Such lien shall incorporate any unpaid child support which may accrue in the future and shall not terminate except as provided in subparagraph (5). Upon recordation or registration in accordance with subparagraph (3), such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in subparagraphs (3) and (5).

(2) When the IV-D agency determines that child support is unpaid, it shall send written notice to the obligor by first class mail, if his address is known to the IV-D agency no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review, the IV-D agency shall conduct the review within twenty-one days of said request and shall not conduct further administrative enforcement action hereunder until the review is completed. If the obligor has failed to keep the IV-D agency informed of his address as required by section twelve and the agency cannot otherwise determine the current address of the obligor from other information available to the agency, the agency may proceed under the provisions of subparagraph (4).

(3) The IV-D agency shall file notice of a lien with respect to real property in the registry of deeds or registry district for any county or registry district in the commonwealth where the obligor owns property, or in any other registry of deeds or registry district in the county where the obligor resides and may file such notice in any other registry of deeds or registry district in the commonwealth. The social security number of the obligor shall be noted on the notice of the lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county or registry district where the lien is recorded or registered. A special index for liens created under this chapter shall be maintained in each registry of deeds or registry district. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds or registry district in the county or registry district where the notice of the lien was filed within six years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds or registry district for the county or registry district where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first. The IV-D agency shall also file notice of a child support lien, with the social security number of the obligor noted thereon, with respect to personal property with the state secretary, the registrar of motor vehicles, a municipality, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however, that the IV-D agency may, upon request of the obligor, subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the IV-D agency, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation.

(4) If the collection of an unpaid child support will be jeopardized by delay as determined by the commissioner, the IV-D agency shall proceed forthwith to collect such unpaid child support by perfecting a lien under subparagraph (3) or by executing a levy or seizure of property under subparagraph (6) or by any other available remedy without respect to the thirty-day notice period provided in subparagraph (2).

(5) The lien shall expire upon either termination of a current child support obligation and payment in full of unpaid child support, or upon release of the lien by the IV-D agency. In any event, a lien under this chapter shall expire six years from the date on which such lien was first perfected; provided, however, that such lien may be extended for additional periods of six years each by recording or registering, within the one year next before the expiration of the unexpired lien, a further notice of the lien, as provided in subparagraph (3), without affecting the priority of such lien. Expiration of the lien shall not terminate the underlying order or judgment of child support. The IV-D agency may issue a full or partial waiver of any lien imposed under this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished.

(6) If any obligor against whom a lien has arisen and has been perfected under subparagraph (3) neglects or refuses to pay the sum due after the expiration of the thirty-day notice period specified in subparagraph (2), the IV-D agency may collect such unpaid child support and levy upon all property as provided herein. For the purposes of this section, the word "levy" shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien having priority under subparagraph (3) has been perfected shall, upon demand, surrender the property to the IV-D agency as provided herein. A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for the surrender of the contract document, constitute a demand by the IV-D agency for payment of the amount of the lien and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay the amount ninety days after service of notice of levy. The levy shall be deemed to be satisfied if the organization pays over to the IV-D agency the full amount which the obligor could have had advanced to him, provided that the amount does not exceed the amount of the lien. Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the commonwealth for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in subparagraph (3), until the amount due from him, together with expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by sections fifty-six, fifty-eight, fifty-nine and sixty of chapter sixty-two C, insofar as said sections are not inconsistent with the provisions of this section. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in subparagraph (3) of this section.

(7) Upon demand by the IV-D agency, a person who fails or refuses to surrender property subject to levy pursuant to this section shall be liable in his own person and estate to the commonwealth in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate established by section thirty-two of chapter sixty-two C from the date of the levy. In addition, any person required to surrender property who fails or refuses to surrender such property without reasonable cause shall be liable for a penalty equal to twenty-five percent of the amount recoverable. The interest or penalty incurred under this subparagraph shall be paid to the commonwealth and shall not be credited against the child support liability.

(8) Any person in possession of, or obligated with respect to, property who, upon demand by the IV-D agency, surrenders the property or discharges the obligation to the IV-D agency, or who pays a liability under this section, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this section, the organization shall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment.

(9) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IV-D agency, in addition to other forms of relief, may file a civil action in the department of the trial court which originally entered the order for child support to enforce the lien under this section. The filing of a civil action shall not preclude the IV-D agency from enforcing the child support order through the use of any administrative means permitted by federal or state law.

(10) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied or seized and the time period within which to respond to such notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order.

(11) Any person aggrieved by a determination of the IV-D agency pursuant to subparagraph (2) or subparagraph (4) may, upon exhaustion of the procedures for administrative review provided herein, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support hereunder. The court may review the proceedings taken by the agency under the provisions of this section and may correct any mistakes of fact but, in accordance with section thirteen of this chapter, the court shall not reduce or retroactively modify child support arrears.

SECTION 32. Subsection (a) of section 12 of said chapter 119A, as so appearing, is hereby amended by inserting after the word "nine,", in line 3, the first time it appears, the following words:- chapter two hundred and nine A,.

SECTION 33. Subsection (b) of section 12 of said chapter 119A, as so appearing, is hereby amended by inserting after the first sentence the following sentences:- If the obligee is not a recipient of public assistance or has not signed an application for IV-D services, the judgment or order shall be made payable on behalf of the obligee to an entity designated by the commissioner of revenue or the court unless the obligor and obligee agree that payment shall be made either directly to the obligee or in some other manner. Such entity shall deduct a fee as determined by the commissioner prior to forwarding payments to the obligee.

SECTION 34. Said subsection (b) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Each such judgment or order shall also include a provision requiring the obligor to obtain health care coverage for his child or children, if such coverage is available to the obligor through his employer or is otherwise available to the obligor at reasonable cost; provided that the cost of such coverage does not create an undue hardship upon the obligor; and to notify the IV-D agency of any changes in the availability and terms of such coverage.

SECTION 35. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 30, the words ", whether payable to said agency or to an obligee,".

SECTION 36. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 33, the words "to said agency".

SECTION 37. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "order", in line 36, the following words:- or accrued prior to entry of the order.

SECTION 38. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 38 to 40, the words ", 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".

SECTION 39. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 50, the words "chief administrative justice of the trial court" and inserting in place thereof the following words:- chief justice for administration and management.

SECTION 40. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "oblige.", in line 62, the following sentence:- Such written findings shall include a determination by the court that an immediate wage assignment would not be in the best interests of the child and the reasons therefor and, in the case of a modification of a support order, shall include proof of timely payments made in compliance with the existing order.

SECTION 41. Said subsection (c) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out paragraph (3) and inserting in place thereof the following two paragraphs:-

(3) at the request of the obligor or the obligee.

Assignments pursuant to this section shall terminate when the underlying support obligation terminates and all arrears are paid. When an employee changes employers, the obligor shall promptly notify his subsequent employer of his child support order and the IV-D agency of his subsequent employment and the IV-D agency shall transfer the assignment or the order for health care coverage or both to the subsequent employer. If an assignment or order for health care coverage is in effect under this section but cannot be executed because the obligor has no employer, said agency shall send the assignment or order for health care coverage or both, together with notice of the provisions of subsection (f), to an employer who later employs the obligor as soon as the new such employment is ascertained. If an order for health care coverage is in effect but cannot be executed because health care coverage is not available to the obligor at reasonable cost, said agency shall send the order for health care coverage to a provider of health care coverage together with notice of the provisions of subsection (f) as soon as the availability of such health care coverage is ascertained.

NO SECTION 42.

SECTION 43. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "assignment", in line 91, the following words:- increased by twenty-five percent.

SECTION 44. Subsection (d) of said section 12 of said chapter 119A, as so appearing, is hereby amended by adding the following two sentences:- When said agency determines on its own information or on account of a claim by an obligee or the division of medical assistance that an obligor has failed to comply with a judgment or order for health care coverage and health care coverage is available to the obligor through his employer or at reasonable cost, the IV-D agency shall send notice of the judgment or order for health care coverage to the employer or to a provider of health care coverage together with notice of the provisions of subsection (f). The judgment or order shall operate to enroll the child as fully and completely as if the obligor had executed a document authorizing the enrollment and, upon receipt of notice of the judgment or order from the IV-D agency, the employer or provider of health care coverage shall enroll such child.

SECTION 45. Paragraph (2) of subsection (e) of section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- If it is determined that payment of the arrearage at the rate of twenty-five percent of the support order creates an undue hardship upon the obligor or that the withholding would exceed the maximum amount permitted by 15 U.S.C.A. 1673(b), the rate at which such arrearage must be paid shall be reduced to a rate that is fair and reasonable considering the circumstances of the parties and the best interests of the child.

SECTION 46. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "assignment", in line 129, the following words:- and notice of the order for health care coverage.

SECTION 47. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "assignment", in lines 130 and 131, the following words:- and health care order.

SECTION 48. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 131 and 132, the words "of paragraphs (1) to (7) inclusive".

SECTION 49. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "may", in line 148, the following words:- , on its own motion or upon report of the IV-D agency or other administrative agency of competent jurisdiction,.

SECTION 50. Paragraph 3 of subsection (f) of section 12 of said chapter 119A, as so appearing, is hereby amended by adding the following sentence:- A finding by the court, by an administrative agency of competent jurisdiction, or by the IV-D agency that the employer has failed or neglected to comply with an order of income assignment executed pursuant to this section shall be prima facie evidence of the liability of such employer in such proceeding.

SECTION 51. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 179 and 180, the words "address or employment under subsection (d)" and inserting in place thereof the following words:- employment under subsection (d) and changes in address under subsection (n).

SECTION 52. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by adding the following four subsections:-

(k) Upon receipt of the notice of the order for health care coverage or upon application of the employee pursuant to the order, the employer shall enroll the child in the health care plan. The notice from the IV-D agency shall have the same effect as an enrollment application signed by the employee. The employer or provider of health care coverage shall enroll a child notwithstanding the employee's failure to sign an enrollment application. The provider of health care coverage shall furnish the obligee with such information as may be necessary for the child to obtain benefits through the plan and shall permit the obligee or, with the approval of the obligee, the provider of medical services to submit claims for covered services without the approval of the obligor. A claim submitted in accordance with this subsection shall be payable, as appropriate, directly to the obligee, to the provider of medical services or, if the individual has assigned his rights to medical support pursuant to Title XIX of the Social Security Act, to the division of medical assistance. In any case where the division of medical assistance has been assigned the rights of an individual covered for health benefits from the provider of health care coverage and eligible for medical assistance under Title XIX of the Social Security Act, the provider of health care coverage shall apply to the division the same requirements applicable to an agent or assignee of any other individual so covered.

(l) If the employee is eligible for family coverage, the employer and the provider of health care coverage shall permit the employee to enroll, under the coverage, any child who is eligible for such coverage without regard to any enrollment season restrictions. If the employee is enrolled in a family health care plan but fails to make application to obtain coverage of a child, the employer and the provider of health care coverage shall enroll such child under the coverage upon application by such child's other parent or by the IV-D agency. An employer or a provider of health care coverage shall not eliminate family coverage for a child enrolled pursuant to this section unless the employer or provider of health care coverage is provided satisfactory written evidence that the health care order is no longer in effect or that the child is or will be enrolled in a comparable plan, effective no later than the effective date that such coverage is eliminated, through another provider of health care coverage or, in the case of an employer, the employer has eliminated family health care coverage for all of its employees. An employer shall withhold from an obligor's compensation the obligor's share, if any, of premiums for health care coverage and shall pay such share of premiums to the provider of health care coverage unless federal regulations promulgated pursuant to Title XIX of the Social Security Act permit the employer to withhold less than the obligor's share of such premiums; provided, however, that the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C.A. 1673(b).

(m) A provider of health care coverage shall not deny enrollment to a child under the health coverage of the child's parent on the ground that such child was born out of wedlock, that such child is not claimed as a dependent on the parent's federal income tax return or that such child does not reside with the parent or within the area served by the provider of health care coverage. An employer or provider of health care coverage who, upon notice of a health care order, fails without reasonable cause to enroll a child in a health care plan shall be liable in a civil action, action for contempt, or other appropriate proceeding for the full amount of the medical costs incurred. A finding by the IV-D agency or by a court or administrative agency of competent jurisdiction that an employer or provider of health care coverage has failed without reasonable cause to enroll a child in a health care plan shall be prima facie evidence of such liability. As used in this chapter, the term "provider of health care coverage" shall include, but not be limited to, any entity authorized to do business under chapters one hundred and seventy-five, one hundred and seventy-six, one hundred and seventy-six A, one hundred and seventy-six B, one hundred and seventy-six E, one hundred and seventy-six F, one hundred and seventy-six G, and one hundred and seventy-six I.

(n) Each obligor making payments to the IV-D agency under this section shall be bound to notify the IV-D agency immediately when his address changes or be subject to punishment for civil contempt.

SECTION 53. Section 13 of said chapter 119A, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following three subsections:-

(b) After a judgment pursuant to chapters two hundred and eight or two hundred and nine C, an agreement between parents that provides for the support of a minor child shall not be enforceable to bar a modification of the amount of support due on behalf of the minor child unless the court finds all of the following: 1) that the agreement survives the original judgment and has independent legal significance; 2) that the agreement was fair and reasonable and free from fraud and coercion at the time of the judgment; 3) that the provisions for support of the minor child continue to be fair and reasonable considering the child support guidelines and the circumstances of the parties and the child; and 4) that enforcement of the agreement is in the best interests of the child.

(c) In any proceeding to establish or modify an amount of child support, the child support guidelines promulgated by the chief justice for administration and management shall apply. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines, that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines and that such departure is consistent with the best interests of the child.

(d) The provisions of this section shall apply to all actions for establishment, modification or enforcement of a judgment or order for child support pursuant to or adjudicated under the provisions of chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine A, two hundred and nine C and two hundred and seventy-three A.

SECTION 54. Said chapter 119A, as so appearing, is hereby further amended by striking out section 14 and inserting in place thereof the following four sections:-

Section 14. (a) The IV-D agency shall have access to and may request information from the individuals and the entities named in this section if said agency has reason to believe that such information will assist in the administration of the child support enforcement program. Such information shall be available to the IV-D agency only for the purpose of and to the extent necessary for the administration of the child support enforcement program. No entity or individual who complies with the provisions of this section shall be liable in any civil or criminal action or proceeding brought by an obligor or an obligee on account of such compliance. Holders maintaining personal data, as such are defined in section one of chapter sixty-six A, are authorized to disclose to the IV-D agency all personal data requested hereunder. Such disclosures shall not violate said chapter sixty-six A. An entity or individual who willfully provides false information in reply to a request pursuant to this paragraph or who, without reasonable cause, fails to respond to a request within fourteen days, shall be liable for a penalty of one hundred dollars for each such violation to be assessed by the IV-D agency or a court of competent jurisdiction. Such response may be made by any method including, but not limited to, paper, facsimile, telephone, magnetic tape or other electronic means.

(b) Information to which the IV-D agency shall be entitled shall include state income tax returns and all state income tax information including address, filing status, amounts, nature and sources of income, names and addresses of all employers and other sources of income, and the number of dependents reported on any return filed by any obligor or obligee and any data, documents or records of an obligor or obligee provided to the department of revenue by an employer, bank or other source of income pursuant to chapter sixty-two E. The IV-D agency shall use such tax information only for purposes of administering the child support enforcement program and shall not disclose such information, other than the name and address of the obligor, except in proceedings or other activities to locate or identify obligors, to evaluate the ability of obligors to pay child support, to establish, modify or enforce child support orders, to collect child support or in criminal prosecutions for failure to pay child support. An employee of the IV-D agency that requests, uses or discloses such information in any other manner or for any other purpose shall be punished by a fine of not less than two thousand dollars or by imprisonment for not more than twelve months or both, and by dismissal and disqualification from employment by the commonwealth. The information included in this provision shall be data or tax returns in any form or format, including data available by electronic means. Pursuant to section one hundred and seventy-two of chapter six, the IV-D agency shall be entitled to all criminal offender record information including, but not limited to arrest, conviction, incarceration and rehabilitation information, and evaluative information as defined in section one hundred and sixty-seven of said chapter six.

(c) Except as may be prohibited under the federal Fair Credit Reporting Act 15 U.S.C.A. 1681 et seq. or under sections fifty to sixty-eight E, inclusive, of chapter ninety-three, the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status or professional affiliation to assist the IV-D agency to determine the current location of an obligor or an obligee, from any state agency, state, county or municipal registry of deeds or titles, registry of vital records and statistics, city or town registrar responsible for the preparation of street lists pursuant to chapter fifty-one, utility company, including telephone, assessor's office and housing authorities, employers, professional or trade associations and labor unions, professional or trade licensing boards, credit bureaus or agencies; provided, however, that information furnished by a telephone company shall be limited to the address and telephone number of an obligor or an obligee. The failure of any such individual or entity, without reasonable cause, to provide the IV-D agency with information relating to, or that may assist in locating, an obligor or obligee or to respond that such information does not exist, within fourteen days after such information is requested, shall be punishable by a penalty to be assessed by the IV-D agency or by a court of competent jurisdiction in the amount of one hundred dollars for each such failure.

(d) The IV-D agency may request from any employer or other source of income whom the IV-D agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income, information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other source of income concerning the same obligor or obligee more than once every three months. Employers or other sources of income shall respond to such requests fully and in writing within fourteen days. No employer or other source of income who complies with this section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance. An employer or other source of income who, without reasonable cause, fails to comply with requests made pursuant to this section, shall be liable for a penalty to be assessed by the IV-D agency or by a court of competent jurisdiction of one hundred dollars for each such violation. The information in this subsection shall be in addition to, and not in substitution for, information required to be provided to the commissioner of revenue under chapter sixty-two E.

(e) The commissioner shall promulgate regulations to define what shall constitute "reasonable cause" for purposes of this chapter.

Section 15. A justice of a court that has jurisdiction of child support and paternity matters may, upon the application of the IV-D agency, compel the attendance of witnesses, the production of books, papers, records, data and other evidence and the giving of testimony before the IV-D agency in the same manner and to the same extent as before such court and in accordance with the applicable rules of procedure.

Section 16. (a) On the basis of information provided by the IV-D agency, an entity of the commonwealth, political subdivision or agency thereof, that issues a license, as defined in section thirteen of chapter thirty A, certificate, permit or other authorization to engage in a profession, trade, business or recreational activity shall ensure that no such authorization is issued or renewed to an obligor who owes past-due child support that is the subject of a child support lien pursuant to section six. The licensing authority shall notify the IV-D agency of the name, date of birth, address, social security number or federal identification number of any obligor whose obligation the IV-D agency seeks to enforce and any other information about the obligor required by the IV-D agency.

(1) After notice to the obligor by the IV-D agency and notwithstanding the provisions of chapter thirty A, the department of revenue shall conduct a hearing with respect to establishing a child support delinquency which may warrant the suspension or revocation of a license. Such hearing shall constitute the exclusive administrative remedy for contesting the establishment of a child support delinquency which may warrant the suspension or revocation of a license. The department of revenue shall issue a finding of child support delinquency unless the obligor establishes that no arrearage exists or that he is not the person owing such arrearage or that he is making regular child support payments by a wage assignment that has been increased by twenty-five percent in accordance with section twelve of this chapter or that he is complying with a payment plan that has been approved by the IV-D agency. Any such finding shall be forwarded to the licensing authority and shall constitute prima facie evidence of child support delinquency sufficient to warrant the suspension or revocation of the license of the obligor.

(2) An individual aggrieved by a finding of the department of revenue as adopted by the licensing authority may seek judicial review in the court where the child support order was issued or registered. If the obligor demonstrates to such court that no child support arrearage exists or that he is not the person owing such arrearage or that he is making regular child support payments by a wage assignment that has been increased by twenty-five percent in accordance with section twelve or that he is complying with a payment plan that has been approved by the IV-D agency, such court shall order the IV-D agency to provide written notice to the licensing authority to issue or reinstate the license of the obligor. The court may order reinstatement or issuance of a license of an obligor who is not intentionally unemployed and who is complying with an employment search supervised by the court. Such review shall constitute the exclusive remedy for persons aggrieved hereunder; provided, however, that such review shall not limit a person's appellate remedies.

(3) If the obligor pays his child support obligation in full or makes regular child support payments by a wage assignment that has been increased at the rate of twenty-five percent pursuant to section twelve of this chapter or complies with a payment plan that has been approved by the IV-D agency or obtains a court order that he is not intentionally unemployed and that he is complying with an employment search supervised by the court, the IV-D agency shall provide written notice to the licensing authority to issue or reinstate the license of the obligor. The licensing authority shall issue or reinstate such license if the IV-D agency provides to the licensing authority such written notice.

(b) On the basis of information provided by the IV-D agency, the registrar of motor vehicles, as set forth in chapter ninety, shall ensure that no license or right to operate a motor vehicle or certificate of registration under said chapter ninety is renewed or issued to an obligor who owes past-due child support that is the subject of a child support lien pursuant to section six of this chapter; provided however that the IV-D agency shall not seek to revoke or suspend the license of an obligor unless he is also the subject of an outstanding capias or, having had his license or right to operate a motor vehicle or certificate of registration suspended or revoked pursuant to this section, was subject to an outstanding capias within the previous three years. The registrar shall notify the IV-D agency of the name, address, and social security number of the obligor and any other information required by the IV-D agency.

(1) After notice to the obligor by the IV-D agency and notwithstanding the provisions of chapter thirty A or chapter ninety, the department of revenue shall conduct a hearing with respect to establishing a child support delinquency which may warrant the suspension or revocation of a license or right to operate a motor vehicle and certificate of registration. Such hearing shall constitute the exclusive administrative remedy for contesting the establishment of a child support delinquency sufficient to warrant the suspension or revocation of a license or right to operate a motor vehicle and certificate of registration. The department of revenue shall enter the child support lien and the outstanding capias or, as the case may be, the capias that was issued no more than three years prior to commencement of the proceedings hereunder, into the record. The IV-D agency shall issue a finding of child support delinquency unless the obligor establishes that no arrearage exists or that he is not the person owing such arrearage or that he is making regular child support payments by a wage assignment that has been increased by twenty-five percent in accordance with section twelve of this chapter or that he is complying with a payment plan that has been approved by the IV-D agency. Any such finding shall be forwarded to the registrar and shall constitute prima facie evidence of child support delinquency sufficient to warrant the suspension or revocation of the license or right to operate a motor vehicle and certificate of registration of the obligor. If the department finds after such hearing that a license to operate a motor vehicle is necessary to the obligor's livelihood, said department shall notify the registrar to issue a limited license on grounds of hardship, upon such terms and conditions as the department shall prescribe.

(2) If the obligor pays his child support obligation in full or makes regular child support payments by a wage assignment that has been increased at the rate of twenty-five percent pursuant to section twelve of this chapter or complies with a payment plan that has been approved by the IV-D agency, the IV-D agency shall provide written notice to the registrar to issue or reinstate the license or right to operate a motor vehicle and certificate of registration of the obligor. The registrar shall issue or reinstate such license or right to operate and authorize registration of a motor vehicle if the IV-D agency provides to the registrar such written notice.

(3) If, after the license or right to operate and certificate of registration of the obligor is issued or reinstated, the obligor refuses or neglects to pay child support, the IV-D agency may, so long as a capias was issued no longer than three years prior to commencement of such proceedings, proceed pursuant to this subsection to establish a finding of child support delinquency sufficient to warrant suspension or revocation of a license or right to operate a motor vehicle and certificate of registration.

(4) An individual aggrieved by a finding of the department of revenue as adopted by the registrar may seek judicial review in the court where the child support order was issued or registered. If the obligor demonstrates to such court that no child support arrearage exists or that he is not the person owing such arrearage or that he is not subject to a child support lien under section six or that he is making regular child support payments by a wage assignment that has been increased by twenty-five percent in accordance with section twelve or that he is complying with a payment plan that has been approved by the IV-D agency or that the obligor is not subject to an outstanding capias or, as the case may be, was not subject to an outstanding capias within three years prior to commencement of the suspension or revocation proceedings hereunder, the court shall order the IV-D agency to provide written notice to the registrar to issue or reinstate the license or right to operate and certificate of registration of the obligor.

Section 17. The department shall establish procedures for the prompt resolution of disputes concerning the collection and disbursement of child support and shall prepare informational materials for distribution to obligors and obligees describing such procedures and, where applicable, such procedures shall be consistent with section six of chapter one hundred and nineteen A. Such procedures shall include maintenance of an adequately staffed unit the principal duties of which shall be to respond to inquiries, with a widely publicized telephone line, to receive written requests from obligors and obligees for administrative review of the IV-D agency's actions in collecting and disbursing child support and to refer such requests to the appropriate unit within the department for resolution. Upon receipt of the necessary information and documentation from the obligor and obligee requesting administrative review, the department shall conduct the review and render a written decision of its determination to the person requesting the review. Such determination shall also notify such person that he may, upon exhaustion of the procedures for administrative review provided herein, seek judicial review in the court where the order or judgment was issued or registered or, if there is no such order or judgment, by filing a request for judicial review in the probate court in the county wherein the appellant resides; provided, however, that a request for judicial review shall be accompanied by a copy of the agency's determination. Upon receipt of the request for judicial review, the court shall notify the IV-D agency at least fourteen days prior to any hearing. Pursuant to relevant provisions of state and federal law, the court may review the determination made by the agency and may correct any mistakes of fact.

SECTION 55. Section 47 of chapter 152 of the General Laws, as most recently amended by section 24 of chapter 161 of the acts of 1993, is hereby further amended by striking out, in lines 9 and 10, the words "or two hundred and seventy-three" and inserting in place thereof the following words:- two hundred and nine C, two hundred and seventy-three or two hundred and seventy-three A.

SECTION 56. Chapter 175 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after section 24C the following section:-

Section 24D. Prior to making any non-recurring payment of a lump sum amount equal to or in excess of three thousand dollars to a claimant under a contract of insurance, every company authorized to issue policies of insurance pursuant to chapter one hundred and seventy-five shall review information furnished by the IV-D agency, as set forth in chapter one hundred and nineteen A, to ascertain whether such claimant owes past-due child support the commonwealth or to an individual to whom the IV-D agency is providing services, and is subject to a child support lien pursuant to section six of said chapter one hundred and nineteen A. If such claimant owes past-due child support that is subject to a child support lien pursuant to section six of said chapter one hundred and nineteen A, the company shall notify the IV-D agency of the name, address and social security number of such claimant. The company shall withhold from the payment the amount of past-due support and shall provide such amount to the IV-D agency for disbursement to the obligee. The child support lien shall encumber the right of the claimant to payment under the policy and the company shall disburse to the claimant only that portion of the payment, if any, remaining after the child support lien has been satisfied. This section shall not apply to that portion of a claim resulting in payments on behalf of the claimant issued to a third party who has provided the claimant with a benefit or service related to the claim. A claimant who asserts that the proceeds of the payment to be made by the company are necessary to remunerate a third party who provided the claimant a benefit or service related to the claim may request that the department of revenue release to the claimant that portion of the payment necessary to remunerate the third party. The provisions of the Employer Retirement Income Security Act limiting, for contracts of insurance, the amounts which may be assigned or attached in order to satisfy child support obligations shall apply to the provisions of this section. A company that fails or refuses to surrender property subject to a child support lien to the IV-D agency shall be liable as provided in paragraph seven of subsection (b) of section six of said chapter one hundred and nineteen A.

SECTION 57. Section 78 of chapter 185 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "of", in line 5, the second time it appears, the following words:- child support liens pursuant to chapter one hundred and nineteen A,.

SECTION 58. Section 80 of said chapter 185, as so appearing, is hereby amended by inserting after the word "for", in line 10, the following words:- child support liens pursuant to chapter one hundred and nineteen A and.

SECTION 59. Section 7 of chapter 190 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the words "two hundred and seventy-three", in lines 3 and 4, the following words:- , chapter two hundred and nine C or under similar law of another jurisdiction.

SECTION 60. Section 28 of chapter 208 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 9, the words ", custody and maintenance" and inserting in place thereof the following words:- and custody.

SECTION 61. Said section 28 of said chapter 208, as so appearing, is hereby further amended by inserting after the second sentence the following six sentences:- In furtherance of the public policy that dependent children shall be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of divorce, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the existing order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance.

SECTION 62. Said section 28 of said chapter 208, as so appearing, is hereby further amended by adding the following paragraph:-

When a court makes an order for maintenance or support, the court shall determine whether the obligor under such order is responsible for the maintenance or support of any other children of the obligor, even if a court order for such maintenance or support does not exist, or whether the obligor under such order is under a preexisting order for the maintenance or support of any other children from a previous marriage, or whether the obligor under such order is under a preexisting order for the maintenance or support of any other children born out of wedlock. If the court determines that such responsibility does, in fact, exist and that such obligor is fulfilling such responsibility such court shall take into consideration such responsibility in setting the amount to paid under the current order for maintenance or support.

SECTION 63. Section 28A of said chapter 208, as so appearing, is hereby amended by inserting after the word "entered", in line 6 and 9, each time it appears, the following words:- relative to care and custody.

SECTION 64. Section 32 of chapter 209 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 63, the words "and (f)" and inserting in place thereof the following words:- (f) the responsibilities of the obligor for the maintenance or support of any other children of the obligor, even if a court order for such maintenance or support does not exist, or for any preexisting order for the maintenance or support of any other children from a previous marriage, or for any preexisting order for the maintenance or support of any other children born out of wedlock and that said obligor is fulfilling such responsibility; and (g).

SECTION 65. Section 32F of said chapter 209, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) If no order for support pursuant to an action filed under chapters two hundred and seven, two hundred and eight or section thirty-two of this chapter has been entered, the district court, the Boston municipal court or the probate and family court shall have concurrent jurisdiction under this section to order a spouse to support the other spouse or to order a parent to support his dependent child; provided however, that nothing herein shall be construed to grant jurisdiction to the district court or Boston municipal court to determine the parentage of a child. A complaint may be filed by the IV-D agency against a spouse seeking an order for support of his dependent child. A complaint may also be filed by a married person for the support of the dependent child in his care or, if living apart from his spouse, for his own support. The court shall have jurisdiction to order a sum to be paid periodically for the current support of a child or of a spouse and child or of a spouse and shall have jurisdiction to order a spouse or parent to reimburse the other spouse or the IV-D agency on behalf of the department of public welfare or department of social services for past support, including medical expenses, provided to his spouse or child, notwithstanding the fact that at the time of the hearing the parties are no longer receiving public assistance. When an action is commenced by the spouse or, on behalf of the child entitled to receive support, by the guardian, next of kin or person having care and physical custody of the child, and the spouse or child is or was a recipient of benefits under chapters one hundred and seventeen, one hundred and seventeen A or one hundred and eighteen, the court shall require notice to the IV-D agency of the pendency of the action and the agency shall be permitted to intervene in such action. When the action is commenced on behalf of such department of public welfare or said department of social services or anyone other than the spouse or parent of a child entitled to receive support, the court shall ensure that such spouse and all parties are notified of the action and of any motions for temporary orders for support. A spouse or parent or custodian shall be permitted to intervene in the action as of right.

SECTION 66. Section 37 of said chapter 209, as so appearing, is hereby amended by inserting after the first sentence the following six sentences:- In furtherance of the public policy that dependent children shall be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of support, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome the presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the original order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance.

SECTION 67. Said section 37 of said chapter 209, as so appearing, is hereby further amended by adding the following paragraph:-

When a court makes an order for maintenance or support, the court shall determine whether the obligor under such order is responsible for the maintenance or support for any other children of the obligor, even if a court order for such maintenance or support does not exist, or for any preexisting order for the maintenance or support of any other children from a previous marriage, or for any preexisting order for the maintenance or support of any other children born out of wedlock. If the court determines that such responsibility does, in fact, exist and that such obligor is fulfilling such responsibility such court shall take into consideration such responsibility in setting the amount to paid under the current order for maintenance or support.

SECTION 68. Section 2 of chapter 209C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "chapter", in line 4, the following words:- ; provided, however, that if a judgment or finding of paternity has been issued by a court or administrative agency of competent jurisdiction under any other law, such judgment or finding shall be accorded full faith and credit and paternity shall not be relitigated.

SECTION 69. Subsection (b) of section 3 of said chapter 209C, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following four sentences:- The filing of the action in the probate and family court shall act to transfer the case from the district court or the Boston municipal court department to the probate and family court department. The register of probate shall make entry in the docket that the case shall thereafter be heard only in the probate and family court department. The party seeking transfer shall notify the parties, the district court or the Boston municipal court and, if applicable, the IV-D agency that the action has been transferred to the probate and family court department. The clerk magistrate of the district court or the Boston municipal court shall make entry in the docket of such transfer.

SECTION 70. Said section 3 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Any action pursuant to this chapter that is pending or was previously adjudicated in the district court or Boston municipal court departments may be transferred to the probate and family court department by any party or by the IV-D agency as set forth in chapter one hundred and nineteen A. An action shall be transferred upon the filing of the following documents with the probate and family court:- (1) a copy of the complaint; (2) a copy of the order of the district court or Boston municipal court, if any; (3) a copy of the findings of the court, if any; (4) a copy of the financial statements submitted by the parties, if any; (5) a copy of the worksheet used to calculate the amount of the child support order pursuant to the child support guidelines, if any; and (6) a copy of the docket maintained by the district court or the Boston municipal court. Once transferred, the order of the district court or the Boston municipal court shall have the same force and effect, and shall be subject to the same procedures and defenses as an order of the probate and family court and may be enforced or modified in the same manner available to enforce or modify any judgment or order of the probate and family court. Transfer of an order pursuant to this section shall not limit the use of any enforcement remedy, whether judicial or administrative, that may be available and the probate and family court shall preserve all arrears that have accrued pursuant to the order of the district or Boston municipal court departments.

SECTION 71. Section 6 of said chapter 209C, as so appearing, is hereby amended by adding the following two subsections:-

(b) Notwithstanding the provisions of subsection (a), a husband or former husband shall not be required to be joined as a party if non-paternity of the child has previously been adjudicated in a proceeding between the husband and the mother of such child in a court or administrative agency of competent jurisdiction.

(c) Notice to a party joined as herein provided shall be sufficient if the summons is mailed to the last known address by a form of mail requiring a receipt and, if actual notice shall not be made as aforesaid, by publishing a copy of the notice once in each of three successive weeks in a newspaper designated by the court.

SECTION 72. Section 8 of said chapter 209C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Upon default of the defendant or his failure to personally appear, the court shall make a judgment establishing paternity if a showing is made that the complaint was served in accordance with the applicable rules of court and that the mother or putative father submits that sexual intercourse between the parties occurred during the probable period of conception.

SECTION 73. Subsection (a) of section 9 of said chapter 209C, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- An order may be entered requiring a parent chargeable with support to reimburse the mother or the department of public welfare for medical expenses attributable to the child or associated with childbirth or resulting from the pregnancy.

SECTION 74. Said section 9 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 45, the word "and"; and by striking out, in line 48, the word "employment." and inserting in place thereof the following words:- Employment; and

(8) responsibilities of the obligor for the maintenance or support of any other children of the obligor, even if a court order for such maintenance or support does not exist, or for any preexisting order for the maintenance or support of any other children from a previous marriage, or for any preexisting order for the maintenance and support of any other children born out of wedlock and that such obligor is fulfilling such responsibility.

SECTION 75. Said section 9 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the child support guidelines promulgated by the chief justice for administration and management. There shall be a rebuttable presumption that the amount resulting from application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. In the event that no child support guidelines are in effect, the court shall make such order as is in the best interests of the child, taking into consideration the financial ability and earning capacity of the parents of the child.

SECTION 75A. Said section 9 of said chapter 209C, as so appearing, is hereby further amended by adding the following subsection:-

(f) In determining the amount to be paid, the court, in addition to applying the standards established by the chief administrative justice of the trial court, shall determine whether the obligor is responsible for the maintenance or support of any other children of the obligor even if a court order for such maintenance or support does not exist. If the court determines that such responsibility does, in fact, exist and that such obligor is fulfilling such responsibility, such court shall take into consideration such responsibility in setting the amount to be paid under the current order for maintenance or support.

SECTION 76. Subsection (b) of section 10 of said chapter 209C, as so appearing, is hereby amended by adding the following sentence:- In the absence of an order or judgment of a probate and family court relative to custody, the mother shall continue to have custody of a child after an adjudication of paternity or voluntary acknowledgment of parentage.

SECTION 77. Section 11 of said chapter 209C, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) A 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 a court in lieu of a complaint or in pending proceedings to establish paternity. Execution of a voluntary acknowledgment of parentage shall be carried out in a manner which shall preserve privacy and confidentiality. The voluntary acknowledgment of parentage shall be attested to before a notary public. The voluntary acknowledgment of parentage shall have the legal effect as provided herein. If parentage is acknowledged when the child is six months of age or older, the acknowledgment shall have the same force and effect as a judgment adjudicating paternity. If parentage is acknowledged when the child is less than six months of age, the acknowledgment shall create a presumption of paternity and either parent may request blood and genetic marker tests within one year of the signing of the acknowledgment. If either parent requests blood and genetic marker tests as provided herein, the court shall determine paternity under this chapter in accordance with all the evidence and the acknowledgment shall be admissible as evidence of the putative father's paternity. If, within one year after signing an acknowledgment of parentage of a child less than six months of age, neither parent requests blood and genetic marker tests, such acknowledgment shall thereafter have the same force and effect as a judgment adjudicating paternity and shall be recognized as a sufficient basis for seeking an order for support without further proceedings to establish paternity.

SECTION 78. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) A voluntary acknowledgment of parentage taken outside of the commonwealth shall be valid for the purposes of this section if it was taken in accordance with the laws of the state or the country where it was executed.

SECTION 79. Section 12 of said chapter 209C, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- In an action to establish paternity, the court shall, upon request of any party, 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 80. Section 17 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 10, the word "The" and inserting in place thereof the following words:- Unless a party objects in writing to the test results upon notice of the hearing date or within thirty days prior to the hearing, whichever is shorter, the.

SECTION 81. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 13 and 14, the words "and shall be weighed along with other evidence of the putative father's paternity" and inserting in place thereof the following words:- without the need for laying a foundation or other proof of authenticity or accuracy.

SECTION 82. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by inserting after the fourth sentence the following sentence:- If such report indicates a statistical probability of paternity of ninety-seven percent or greater, there shall be a rebuttable presumption that the putative father is the father of such child.

SECTION 83. Section 20 of said chapter 209C, as so appearing, is hereby amended by adding the following sentences:- In furtherance of the public policy that dependent children be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of support, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome the presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the original order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance.

SECTION 84. Section 22 of said chapter 209C, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) A decree or judgment entered on a petition filed pursuant to sections three or six of chapter two hundred and ten shall be a bar to a proceeding under this chapter.

SECTION 85. Section 4 of chapter 215 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "nine", in line 11, the following words:- and actions relative to paternity or support as provided in chapter two hundred and seventy-three A.

SECTION 86. Section 3 of chapter 223A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 16, the word "or",- and by striking out clauses (g) and (h) and inserting in place thereof the following two clauses:-

(g) maintaining a domicile in this commonwealth while a party to a personal or marital relationship out of which arises a claim for divorce, alimony, property settlement, parentage of a child, child support or child custody; or the commission of any act giving rise to such a claim; or

(h) having been subject to the exercise of personal jurisdiction of a court of the commonwealth which has resulted in an order of alimony, custody, child support or property settlement, notwithstanding the subsequent departure of one of the original parties from the commonwealth, if the action involves modification of such order or orders and the moving party resides in the commonwealth, or if the action involves enforcement of such order notwithstanding the domicile of the moving party.

SECTION 87. Section 43 of chapter 271 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence, and inserting in place thereof the following sentence:- Nothing herein shall be construed to prevent the disclosure by the commissioner of revenue to the commissioner of public welfare or to the IV-D agency as set forth in chapter one hundred and nineteen A, in concert with a wage reporting system, of such information as may be necessary to ascertain or confirm the existence of fraud, abuse or improper payments to an applicant, for or recipient of, public assistance; and nothing herein shall be construed to prevent the disclosure to said IV-D agency of information necessary for setoff debt collection pursuant to chapter sixty-two D or any other child support enforcement purpose.

SECTION 88. Section 1 of chapter 273 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 1, the word "misdemeanor" and inserting in place thereof the following word:- felony.

SECTION 89. Section 3 of said chapter 273, as so appearing, is hereby amended by striking out, in line 1, the word "one" and inserting in place thereof the following word:- fifteen A.

SECTION 90. Section 8 of said chapter 273, as so appearing, is hereby amended by striking out, in line 1, the words "section one" and inserting in place thereof the following words:- sections one or fifteen.

SECTION 91. Section 15 of said chapter 273, as so appearing, is hereby amended by striking out, in line 13, the word "misdemeanor" and inserting in place thereof the following word:- felony.

SECTION 92. Section 15A of said chapter 273, as so appearing, is hereby amended by striking out, in line 13, the word "two" and inserting in place thereof the following word:- five.

SECTION 93. Said section 15A of said chapter 273, as so appearing, is hereby further amended by inserting after the word "imprisonment", in line 13, the following words:- in a state prison.

SECTION 94. Said section 15A of said chapter 273, as so appearing, is hereby further amended by striking out, in line 20, the word "five" and inserting in place thereof the following word:- ten.

SECTION 95. Said section 15A of said chapter 273, as so appearing, is hereby further amended by inserting after the word "imprisonment", in line 20, the following words:- in a state prison.

SECTION 96. Said chapter 273, as so appearing, is hereby further amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. The provisions of sections two, six, seven and ten shall apply in proceedings under sections one and fifteen.

SECTION 97. Section 1 of chapter 273A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the words "district court" and inserting in place thereof the following words:- a probate and family court, district court or municipal court.

SECTION 98. Said section 1 of said chapter 273A, as so appearing, is hereby further amended by inserting after the word "jurisdiction", in line 20, the following words:- or country.

SECTION 99. Said section 1 of said chapter 273A, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words "and with which the commonwealth is authorized to enter into such a reciprocal agreement".

SECTION 100. Said chapter 273A, as so appearing, is hereby further amended by inserting after section 3 the following section:-

Section 3A. In furtherance of the public policy that dependent children be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of support, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the original order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance.

SECTION 101. Section 10 of said chapter 273A, as so appearing, is hereby amended by striking out the fourth paragraph.

SECTION 102. Said chapter 273A, as so appearing, is hereby amended by inserting after section 10 the following section:-

Section 10A. A judgment or order for support issued by a court or an administrative agency of competent jurisdiction of another state shall have the same force and effect as if the judgment or order originated from a court of the commonwealth. If the obligor resides, derives income or has property in the commonwealth, the judgment or order shall be enforceable as set forth herein. When such a judgment or order is transmitted to the IV-D agency, as set forth in chapter one hundred and nineteen A, by the corresponding agency of another state or jurisdiction, the IV-D agency shall execute an income assignment as provided in said chapter one hundred and nineteen A without otherwise altering the judgment or order of the foreign jurisdiction. The IV-D agency shall send notice of the income assignment to the employer or other source of periodic income and a copy to the obligor by first class mail. The IV-D agency shall provide the obligor with a copy of the income assignment, a copy of the order or judgment of the foreign jurisdiction and notice that, upon written request to the IV-D agency within fifteen days of the first withholding of income, a hearing to contest the validity of the order or judgment issued by the foreign jurisdiction be scheduled. If the obligor requests a hearing, the IV-D agency shall file copies of the judgment or order of the foreign jurisdiction and the Massachusetts income assignment with a court of competent jurisdiction. The court shall schedule a hearing and send notice by first class mail to the obligor and to the foreign jurisdiction of the obligee of the date, time and place of the hearing. Venue for a hearing shall be in the probate and family court of the county or the district or Boston municipal court of the judicial district where the obligor resides, derives income or has property. The filing of the order or judgment of a foreign jurisdiction shall confer jurisdiction on the court for the limited purpose of determining that the order or judgment was entered by a court or administrative agency of competent jurisdiction in the other jurisdiction, that the order or judgment was not obtained by fraud and that the conditions enumerated in paragraphs (1), (2) and (3) of subsection (c) of section twelve of chapter one hundred and nineteen A exist or existed at the time notice was given or at any time thereafter. The provisions of said section twelve of said chapter one hundred and nineteen A shall apply to such orders or judgments.

SECTION 103. Said chapter 273A, as so appearing, is hereby further amended by inserting after section 15A the following section:-

Section 15B. Appeals of judgments and orders pursuant to this chapter shall be brought to the appeals court and shall be governed by the provisions of the Massachusetts Rules of Appellate Procedure. Appeals from actions brought in the district or Boston municipal court departments under this chapter shall not be governed by sections ninety-seven or one hundred and eight of chapter two hundred and thirty-one.

SECTION 104. Section fifty-three of chapter two hundred and thirty-four of the acts of nineteen hundred and eighty-four is hereby repealed.

SECTION 105. Section seventy-eight of chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 106. Section fifty-six of this act shall take effect as of January first, nineteen hundred and ninety-five.

SECTION 107. The chief justice of the probate and family court is authorized to inaugurate pilot parenting education programs in divisions of the court and to establish the fees payable by the parties therefor. Such approved fees may be payable to the commonwealth or to a vendor approved by the court to administer such program. The chief justice may, subject to appropriation, appoint such staff and make such expenditures as have been authorized and which shall be necessary to coordinate the implementation of this section. The court is further authorized to make participation in such programs mandatory for any case involving visitation, custody or support of minor children in such divisions. Such programs shall educate parents on the needs of minor children and the roles and responsibilities of parents who do not live together, including the legal responsibility to provide child support. Said chief justice of the probate and family court shall file a report with the clerks of the senate and house of representatives on the progress of such programs and an evaluation of the programs instituted not later than December thirty-first, nineteen hundred and ninety-four.