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.
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