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The 189th General Court of the Commonwealth of Massachusetts

Section 3-307: Duties of support enforcement agency

[ Text of section effective until March 31, 2016. For text effective March 31, 2016, see below.]

  Section 3-307. Duties of support enforcement agency.

  (a) A support enforcement agency of the commonwealth, upon request, shall provide services to a petitioner in a proceeding under this chapter.

  (b) A support enforcement agency that is providing services to the petitioner as appropriate shall:

  (1) take all steps necessary to enable an appropriate tribunal in the commonwealth or another state to obtain jurisdiction over the respondent;

  (2) request an appropriate tribunal to set a date, time, and place for a hearing;

  (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

  (4) within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice by first class mail, or by facsimile or other electronic transmission to the petitioner;

  (5) within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first class mail, or by facsimile or other electronic transmission to the petitioner; and

  (6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

  (c) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by an agency.

Chapter 209D: Section 3-307. Duties of support enforcement agency

[ Text of section as recodified by 2016, 53, Sec. 1 effective March 31, 2016 applicable as provided by 2016, 53, Sec. 2. See 2016, 53, Sec. 3. For text effective until March 31, 2016, see above.]

  Section 3-307. Duties of support enforcement agency.

  (a) In a proceeding under this chapter, a support enforcement agency of the commonwealth, upon request:

  (1) shall provide services to a petitioner residing in a state;

  (2) shall provide services to a petitioner requesting services through a central authority of a foreign country as described in section 1-102(5) (i) or (iv); and

  (3) may provide services to a petitioner who is an individual not residing in a state.

  (b) A support enforcement agency of the commonwealth that is providing services to the petitioner shall:

  (1) take all steps necessary to enable an appropriate tribunal of the commonwealth, another state or a foreign country to obtain jurisdiction over the respondent;

  (2) request an appropriate tribunal to set a date, time and place for a hearing;

  (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

  (4) within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

  (5) within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

  (6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

  (c) A support enforcement agency of the commonwealth that requests registration of a child support order in the commonwealth for enforcement or for modification shall make reasonable efforts:

  (1) to ensure that the order to be registered is the controlling order; or

  (2) if 2 or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

  (d) A support enforcement agency of the commonwealth that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

  (e) A support enforcement agency of the commonwealth shall issue or request a tribunal of the commonwealth to issue a child support order and an income withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to section 3-319.

  (f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.