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LAW OFFICE OF
SUSAN CASTLETON RYAN, P.C.
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CHILD
SUPPORT PAYMENTS AND THE DEPARTMENT OF REVENUE
All parents are required to
provide support for their children. The Department of Revenue
through the Child Support Enforcement Division is the agency that
will provide services to parents who seek such assistance in
establishing and enforcing a child support order. Often, an
order is issued in the Probate & Family Court for a weekly
amount, that may be paid weekly, biweekly, or monthly. In the
event that the parties agree that the monies are to be paid via a
suspended wage assignment, it is the non-custodial parent's
(obligor's) responsibility to pay it in a timely manner. In the
event that the monies are not paid pursuant to the terms of the court
order or judgment, or are not paid at all, it is possible to obtain
an implemented wage assignment from the court, in order to have the
Department of Revenue garnish the obligor's wages. At the time
of a child support order, the custodial parent may elect to receive
services from the Department of Revenue. In the event that the
custodial parent does not wish to have the services, he or she must
fill out the appropriate forms at the time of the hearing.
These forms and other information are available at www.mass.gov/dor. If
the custodial parent is receiving, or has received, monies from the
Department of Transitional Assistance, the Department of Revenue may
initiate a complaint for support for the benefit of the minor
children. The Department may seek monies in cases where the
parties are married, or who have never been married. In the
event that it is a Complaint for Custody, Support, and Visitation, or
a Complaint for Paternity, the Department also conducts genetic
marker tests to determine an individual to be the father of the
child. The Department of Revenue schedules "block
days" in each of the Probate Courts on a regular basis. At
such time, the attorneys from the Department of Revenue will request
an order from the court, which will usually be implemented through a
wage assignment. The Department of Revenue does not have
authority to enter any orders other than child support, current and,
in the case of paternity, perhaps retroactive child support as
well. The Department does not address issues related to custody
or visitation. Those matters must be scheduled pursuant to
applicable local court rules.
In the event that the custodial parent requests services from the
Department of Revenue, both parties may request a pin number, and
he/she will be able to access his or her account online, to determine
when the payment has been made and the amount of the payments.
In the event a party does not pay his or her child support timely or
no monies are paid at all, the Department has a number of resources
available to them to insure the noncustodial parent's compliance in
paying child support. These resources include, but are not
limited to levying against bank accounts, seizing state and federal
refunds, insurance settlements, etc. Each case is assigned a
case manager if there are questions as to a particular account.
The recipient of child support should contact the case manager for
further assistance. The Department of Revenue has offices in
each Probate Court, as well as the main location at 110 Mulberry
Street in Brockton. For more information as to forms and
additional resources that the department offers, please refer to
their website.
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AUTOMATIC FINANCIAL RESTRAINING ORDER IN DIVORCE AND
SEPARATE SUPPORT MATTERS
Supplemental Rule 411 of the Massachusetts Rules of Domestic
Relations Procedure went into effect January 1, 2000. Many
litigants in divorce and separate support matters are unaware that an
automatic restraining order is entered against them prohibiting them
from certain actions. The automatic restraining order
specifically prohibits and prevents litigants from selling,
transferring, or in any way disposing of any real or personal
property. Additionally, the rule prevents either party from incurring
any debts that would burden the credit and/or assets of the other
party, including but not limited to obtaining any credit lines
against the marital residence, or using any credit card or cash
advances. The parties are required to maintain the current beneficiary
of any life insurance policy, pension, or retirement plan, and must
also continue to cover the other party and/or the minor children
under any existing insurance policies, including medical, dental,
life, automobile, and disability insurance. At the time that an
individual files a divorce or separate support complaint in the
Probate & Family Court, he or she is immediately prohibited from
accessing or encumbering any funds, etc., unless there is a written
agreement with both parties or an order of the court. The
Plaintiff receives a summons from the court that is to be served with
a copy of the complaint for either divorce or separate support on the
Defendant. Unfortunately, many individuals fail to read the
summons at the time they receive it. The Defendant is obligated
to the terms of Rule 411 when he or she is served with the divorce or
separate support complaint and summons.
Litigants should be aware that the courts take the financial
restraining order very seriously, and any alleged violation may
result in sanctions and/or monetary fines against the party who
failed to comply with the rule. Both parties, the Plaintiff and
Defendant, should review the automatic restraining order carefully,
and refrain from making any changes that are prohibited by Rule
411. In the event that there is a necessity to obtain a loan,
access a home equity line, or any other activity that would be
prohibited under the rule, he or she would be well advised to file a
motion and bring the matter before the court to obtain court
approval, unless there is a written agreement of both parties.
No one should rely on the verbal representation of the other, as the
rule specifically requires either a written agreement or an order of
the court.
There are exceptions to the automatic restraining order.
Parties are allowed to access funds for the payment of reasonable
attorney's fees and costs in connection with either the divorce or
the separate support, monies required for reasonable expenses of
living, and/or monies required for the ordinary and usual course of
business. The financial restraining order remains in effect
until the order is either modified or dissolved by the court, the
order is modified by a written agreement of the parties with court
approval, or the entry of a judgment of divorce or separate
support. Note that the financial restraining order clearly
states that "failure to comply with this order may be deemed a
contempt of court."
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CHECK
YOUR MASSACHUSETTS DRIVER'S LICENSE!
The
Massachusetts Registry of Motor Vehicles no longer notifies drivers
when their license is up for renewal. This change occurred some
time ago, but most individuals are unaware that they will not be
notified as to the expiration date of their current license.
Don't be caught unaware with an unexpired license. Check your
license today.
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Questions? Comments?
Feel free to visit our website or email the
office.
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COMING IN NEXT MONTH'S ISSUE . . .
Is It Always Necessary to Probate an
Estate When Someone Dies?
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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This
newsletter is designed to keep you up-to-date with changes in the
law. For help with these or any other legal issues, please call
our firm today.
The
information in this newsletter is intended solely for your
information . It does not constitute legal advice, and it should
not be relied on without a discussion of your specific situation with
an attorney.
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