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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVII PUBLIC WELFARE
  • CHAPTER 119 PROTECTION AND CARE OF CHILDREN, AND PROCEEDINGS AGAINST THEM
  • Section 28 Orders for payment of support; who may bring action; expiration of order or judgment

Section 28. (a) During the pendency of an action brought under section 24, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. When the court makes an order of support on behalf of a party, and that party is not covered by a private group health insurance plan, the court shall determine whether the person chargeable with support has private health insurance or a group plan available to him through an employer or organization that may be extended to cover the party for whom support is ordered. When the court has determined that the person chargeable with support has this insurance, such court shall include in the order or judgment a provision relating to the insurance. Any such order of support shall conform to and be enforced under section 12 of chapter 119A.

(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child’s guardian, next of kin or other person standing in a parental relationship to the child; by the authorized agent of the department of children and families or any agency licensed under chapter 15D if the child is in its custody or is or was a recipient of any type of public assistance by the IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance, or any other public assistance program of the commonwealth. In the event that someone other than the IV-D agency commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify the IV-D agency of the pendency of the action and the IV-D agency shall be permitted to intervene in the action.

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

(d) In determining the amount of current support to be paid, the court shall apply the child support guidelines established by the chief justice of the trial court, or, in the absence of such standards, shall consider the factors set forth in section 32 of chapter 209.

(e) The person chargeable with support shall comply with this order, or judgment until it is dismissed or expires. When an action brought under section 24 is dismissed or a final order of commitment is entered, the order or judgment of support shall expire 6 months after the judgment of dismissal or final order of commitment. At the time of the dismissal or final order of commitment, the court shall notify the parties and the IV-D agency, as set forth in chapter 119A, of the expiration date of the support order or judgment.