| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 617 FILED ON: 1/10/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 201 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Christine P. Barber and Jennifer Balinsky Armini |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act to bring child support home. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/10/2025Jennifer Balinsky Armini8th Essex1/30/2025Natalie M. Higgins4th Worcester2/23/2025Mary S. Keefe15th Worcester3/4/2025 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 617 FILED ON: 1/10/2025 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 201 |
|---|
| 18 | 18 | | By Representatives Barber of Somerville and Armini of Marblehead, a petition (accompanied by |
|---|
| 19 | 19 | | bill, House, No. 201) of Christine P. Barber, Jennifer Balinsky Armini and others relative to |
|---|
| 20 | 20 | | child support enforcement. Children, Families and Persons with Disabilities. |
|---|
| 21 | 21 | | The Commonwealth of Massachusetts |
|---|
| 22 | 22 | | _______________ |
|---|
| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 24 | 24 | | (2025-2026) |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | An Act to bring child support home. |
|---|
| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 28 | 28 | | of the same, as follows: |
|---|
| 29 | 29 | | 1 SECTION 1. Chapter 18 of the General Laws is hereby amended by striking section 18A |
|---|
| 30 | 30 | | 2and inserting in place thereof the following new section:- |
|---|
| 31 | 31 | | 3 Section 18A. (a)(1). The department shall impose the sanction required by federal law on |
|---|
| 32 | 32 | | 4any recipient of public assistance funded under Title IV-A of the Social Security Act who, |
|---|
| 33 | 33 | | 5without good cause, does not cooperate with the IV-D agency specified in chapter 119A to |
|---|
| 34 | 34 | | 6establish paternity or to establish, modify, or enforce a child support order on behalf of a child |
|---|
| 35 | 35 | | 7for whom the recipient receives such public assistance. |
|---|
| 36 | 36 | | 8 (2) The department shall determine that a recipient has good cause for not cooperating |
|---|
| 37 | 37 | | 9with the IV-D agency for purposes of this section if: |
|---|
| 38 | 38 | | 10 (A) The child was conceived as a result of incest or rape; |
|---|
| 39 | 39 | | 11 (B) Proceedings for the adoption of the child are pending or under consideration; 2 of 2 |
|---|
| 40 | 40 | | 12 (C) Cooperation risks discouraging the noncustodial parent or other relatives of the child |
|---|
| 41 | 41 | | 13from maintaining a relationship with the child or providing emotional or other support; |
|---|
| 42 | 42 | | 14 (D) Cooperation risks physical or emotional harm to or retaliation against the child or the |
|---|
| 43 | 43 | | 15relative with whom the child resides; or |
|---|
| 44 | 44 | | 16 (E) Cooperation is otherwise not in the child’s best interest. |
|---|
| 45 | 45 | | 17 SECTION 2. Section 2 of chapter 118 of the General Laws is hereby amended by |
|---|
| 46 | 46 | | 18inserting at the end of the first paragraph the following:- |
|---|
| 47 | 47 | | 19 Child support collected on behalf of a recipient of benefits under this chapter shall be |
|---|
| 48 | 48 | | 20paid to the family. In determining the family’s countable income, the department shall disregard |
|---|
| 49 | 49 | | 21child support paid to the family that is below the monthly federal poverty level for the family |
|---|
| 50 | 50 | | 22size. |
|---|
| 51 | 51 | | 23 SECTION 3. Section 2 of chapter 119A of the General Laws is hereby amended by |
|---|
| 52 | 52 | | 24inserting at the end of subsection (b) the following:- Pursuant to Title IV, Part D of the Social |
|---|
| 53 | 53 | | 25Security Act, in the case of former recipients of assistance, the IV-D agency shall pay to the |
|---|
| 54 | 54 | | 26family all support payments collected, including payments on arrears assigned to the state and |
|---|
| 55 | 55 | | 27payments collected through federal tax refund offset. |
|---|