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March 19, 2024 Clouds | 36°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO CHILD SUPPORT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Chapter 273 of the General Laws is hereby amended by inserting after section 15A the following section:-

Section 15B. Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to the provisions of chapter 119, 207, 208,209, 209A, 209C, 209D or 273, or pursua similar laws of other states, shall be punishedby a fine of not more than $5,000 or by imprisonment in a jail or house of correction fornot more than two and one-half years, or by both such fine and imprisonment; and whoever transfers an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to said chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment. The court may in the alternative to the foregoing punishment divert the defendant to a program as defined in section 1 of chapter 276A.

SECTION 2. Chapter 231 of the General Laws is hereby amended by inserting after section 85Y the following section:-

Section 85Z. A person who has been adjudged to be in contempt of an order or judgment for child support entered pursuant to chapter 119, 207, 208, 209, 209A, 209C, 209D or 273 who knowingly makes a conveyance without fair consideration to an individual shall be liable in a civil action to the obligee under said order or judgment in an amount equal to the value of the conveyance made.

A person shall not be liable hereunder if the conveyance made does not exceed $100 in value in any calendar year.

For the purpose of this section, conveyance shall mean any payment of money, gift, assignment, transfer or lease of tangible or intangible property.

A conveyance shall be deemed to be made without fair consideration unless the conveyance was made in exchange for property or goods of equal value or to satisfy an existing debt created in good faith.

Approved January 15, 1999.