What if I owe child support and DOR is involved?

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Massachusetts Law Reform Institute
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There are many steps that DOR can take if you owe back child support. 

This article has information about what you can do if you can't pay or if you disagree with the amount that DOR says you owe.

Important

If your situation has changed and you can no longer pay your child support order, ask the court to change the order as soon as possible. Changes in the amount of the child support that you owe to the other parent can only go back to the date that you ask to change the order.

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What is an Annual Notice of Child Support Delinquency?

If you are behind in your child support payments, DOR/CSE will send an Annual Notice of Child Support Delinquency. This is a warning from DOR/CSE that if you do not pay past due child support they will use their legal powers to collect it.

The notice tells you

  • The amount you owe and
  • That you have 30 days
    • to pay the full amount, or
    • send in the form that asks DOR/CSE /CSE to review its decision that you owe back child support. This is an Administrative Review.
  • It warns you about the ways DOR/CSE can collect the past due child support. 
     
What if I disagree with the amount DOR/CSE says I owe?

If you disagree with the amount that DOR/CSE says you owe, you can ask for an Administrative Review.

The form to ask for an Administrative Review comes with the Annual Notice of Child Support Delinquency.  

You must send DOR/CSE evidence to show that you do not owe the money.  Your evidence might be canceled checks or pay stubs to show that you have paid.  If the child support order ended or changed, send a copy of the order.

Fill out the form and mail it to the DOR/CSE within 30 days of the date on the Annual Notice of Delinquency. 

The DOR/CSE cannot take any other enforcement actions until they finish the review. For example, they cannot levy your bank account or suspend your license.

After you send in your request for Administrative Review, the DOR/CSE has 30 days to look over your case. When they finish, they will write to you with their decision.

The DOR/CSE encourages payors that disagree to call their caseworker, even if they have sent in a request for Administrative Review. DOR/CSE provides interpreters for phone calls with caseworkers. It is important to send in the written request, even if you plan to call your caseworker as well.
 

What if I disagree with the results of an Administrative Review?

After DOR/CSE finishes your Administrative Review, they will send you their decision in writing.

If you disagree with the results of the Administrative Review, you can ask a court to look at the DOR/CSE’s decision. This is a “judicial review.”

To get a judicial review, you must file a Complaint for Judicial Review within 45 days of the date on DOR/CSE’s written decision.  This is a request for a court review and must be served on DOR/CSE. Judicial review is a complicated process. Talk to a lawyer to find out about judicial review.

Can DOR/CSE let me pay less past due child support than I owe?

DOR/CSE can only lower the amount you owe to the state. They will not lower past-due child support you owe the other parent. Some of your child support payments go to the state if your child gets public assistance.

DOR/CSE can do two things to lower the amount you owe the state. They can:

  • Agree you don’t owe the money or cannot pay the money, or
  • Decide that it is unfair to make you pay it.
     
How can I make an agreement with DOR/CSE to pay less past-due child support?

You may be able to make a “settlement” with DOR/CSE for past-due child support.  DOR/CSE will not make a settlement with you about past-due child support you owe to the other parent.

The DOR/CSE can accept your settlement offer to pay back less than you owe to the state if it looks like

  • You may not be legally responsible for the past-due child support,
  • DOR/CSE may not be able to collect it, or
  • You have no present or future ability to pay all that you owe.

The agreement with DOR/CSE to pay less than what is owed to the state should also include a payment plan for the money you still owe the state.

DOR/CSE encourages parents who need to make a settlement with DOR/CSE to call them. Ask for the Offer in Settlement application form and a Statement of Financial Condition. Call DOR’s Customer Service Bureau at 800-332-2733 or 617-660-1234 (for Boston callers).

DOR/CSE provides interpreters for phone calls with caseworkers.

Can DOR/CSE change the amount I owe if it is unfair to make me pay?

This is called an “equitable adjustment.” DOR/CSE cannot change the amount you owe the custodial parent. But, DOR/CSE can change the amount of past-due child support you owe the state if:

  • You owed the past-due child support while you were on public assistance yourself,
  • You owed the past-due child support when you were unemployed, in prison; or incapacitated,
  • You got back together with the other parent and your child lives with you, “reconciled,” or
    Your child lives with you.

DOR/CSE encourages parents who need to make an equitable adjustment (settlement) with DOR/CSE to call them. Ask for the Offer in Settlement application form and a Statement of Financial Condition. Call DOR’s Customer Service Bureau at 800-332-2733 or 617-660-1234 (for Boston callers).

DOR/CSE provides interpreters for phone calls with caseworkers.

The Volunteer Lawyers Project has a free online interview you can use to help you ask for a settlement.
 

What if DOR files a contempt action against me in court?

DOR/CSE can file a “contempt case” against you in court if you haven’t paid child support.

You will know that DOR/CSE filed a Complaint for Contempt at court, when you get “served”. A deputy sheriff or constable hands you the complaint and summons. They can also leave it at your last known address. The summons tells you the date you must go to court for the contempt hearing.

If you do not show up at court for the hearing, the judge can issue a civil arrest warrant called a "capias." A capias warrant is not the same as a criminal arrest warrant. A capias warrant means that a deputy sheriff or a constable can arrest you and bring you to court for the hearing.

At a contempt hearing, you must prove that:

  • you paid the court-ordered amount of child support, or
  • you were not able to pay the court-ordered   amount of child support. This might be because you have lost a job, been in jail or gotten sick.

If you can’t pay the full amount of court ordered child support because of a good reason, the court might not hold you in contempt.  But, you will still owe the full amount of back child support. The Court can order a payment plan on the money owed based on your ability to pay now and in the future.

If the Court finds that you have not paid all the child support you owe, and you have the ability to pay, they can find you in contempt and order a payment plan. It is also possible they might send you to jail unless you pay a certain amount.

What if DOR is taking the money from my bank account or taking away my licenses?

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