SENATE DOCKET, NO. 1325 FILED ON: 1/18/2013
SENATE . . . . . . . . . . . . . . No. 59
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The Commonwealth of Massachusetts
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PRESENTED BY:
Richard T. Moore
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting against frivolous claims.
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PETITION OF:
Name: | District/Address: |
Richard T. Moore | Worcester and Norfolk |
SENATE DOCKET, NO. 1325 FILED ON: 1/18/2013
SENATE . . . . . . . . . . . . . . No. 59
By Mr. Richard T. Moore, a petition (accompanied by bill, Senate, No. 59) of Richard T. Moore for legislation realtive to child support and court proceedings. Children, Families and Persons with Disabilities. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 59 OF 2011-2012.]
The Commonwealth of Massachusetts
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In the Year Two Thousand Thirteen
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An Act protecting against frivolous claims.
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 6 of chapter 119A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-
(d) (1) The IV-D agency shall not commence judicial action against an obligor for the failure to provide support until such time as the department has reasonably determined support is in arrears. Claims for lack of payment by an obligee shall be substantiated and recovery reasonably attempted before the department commences action against an obligor.
(2) In which case an action is commenced against an obligor and is determined by the respective court to be unsubstantiated, the department and obligee shall be jointly and severally liable for the legal fees of the obligor, in their entirety.