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The 189th General Court of the Commonwealth of Massachusetts

Section 6-602: Procedure to register order for enforcement

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

  Section 6-602. Procedure to register order for enforcement.

  (a) A support order or income-withholding order of another state may be registered in the commonwealth by sending the following documents and information to the appropriate tribunal in the commonwealth:

  (1) a letter of transmittal to the tribunal requesting registration and enforcement;

  (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;

  (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

  (4) the name of the obligor and, if known:

  (i) the obligor's address and social security number;

  (ii) the name and address of the obligor's employer and any other source of income of the obligor; and

  (iii) a description and the location of property of the obligor in the commonwealth not exempt from execution; and

  (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

  (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

  (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of the commonwealth may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

Chapter 209D: Section 6-602. Procedure to register order for enforcement

[ 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 6-602. Procedure to register order for enforcement.

  (a) Except as otherwise provided in section 7-706, a support order or income-withholding order of another state or a foreign support order may be registered in the commonwealth by sending the following records to the appropriate tribunal in the commonwealth:

  (1) a letter of transmittal to the tribunal requesting registration and enforcement;

  (2) 2 copies, including 1 certified copy, of the order to be registered, including any modification of the order;

  (3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

  (4) the name of the obligor and, if known:

  (i) the obligor's address and social security number;

  (ii) the name and address of the obligor's employer and any other source of income of the obligor; and

  (iii) a description and the location of property of the obligor in the commonwealth not exempt from execution; and

  (5) except as otherwise provided in section 3-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

  (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with 1 copy of the documents and information, regardless of their form.

  (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of the commonwealth may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

  (d) If 2 or more orders are in effect, the person requesting registration shall:

  (1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

  (2) specify the order alleged to be the controlling order, if any; and

  (3) specify the amount of consolidated arrears, if any.

  (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.