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The 189th General Court of the Commonwealth of Massachusetts

Section 5-502: Income withholding orders; employers; other sources of periodic income; duties

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

  Section 5-502. (a) Upon receipt of an income withholding order, the obligor's employer or other source of periodic income shall immediately provide a copy of the order to the obligor.

  (b) The employer or other source of periodic income shall treat an income withholding order issued in another state which appears valid on its face as if it had been issued by a tribunal of the commonwealth.

  (c) Except as otherwise provided in subsection (d) and section 5-503, the employer or other source of periodic income shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

  (1) the duration and amount of periodic payments of current child support, stated as a sum certain;

  (2) the person or agency designated to receive payments and the address to which such payments shall be forwarded;

  (3) medical support whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's place of employment;

  (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

  (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

  (d) An employer or other source of periodic income shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

  (1) the fee of the employer or other source of periodic income for processing an income withholding order;

  (2) the maximum amount permitted to be withheld from the obligor's income; and

  (3) the times within which the employer or other source of periodic income shall implement the withholding order and forward the child support payment.

Chapter 209D: Section 5-502. Employer's compliance with income withholding order of another state

[ 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 5-502. Employer's compliance with income withholding order of another state.

  (a) Upon receipt of an income withholding order, the obligor's employer or other source of periodic income shall immediately provide a copy of the order to the obligor.

  (b) The employer or other source of periodic income shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of the commonwealth.

  (c) Except as otherwise provided in subsection (d) and section 5-503, the employer or other source of periodic income shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

  (1) the duration and amount of periodic payments of current child support, stated as a sum certain;

  (2) the person designated to receive payments and the address to which the payments are to be forwarded;

  (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

  (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

  (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

  (d) An employer or other source of periodic income shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

  (1) the fee of the employer or other source of periodic income for processing an income withholding order;

  (2) the maximum amount permitted to be withheld from the obligor's income; and

  (3) the times within which the employer or other source of periodic income must implement the withholding order and forward the child support payment.