Interim rule for incoming interstate income withholding actions
Special Rules of the District Court of Massachusetts
Rule: 210
Jurisdiction: MA
Bluebook Citation: Mass. Spec. Dist. Ct. R. 210
(1) Time Goals for Orders. Whether or not the obligor appears for the hearing, it shall be the goal of the court to conduct the hearing and to enter an order for support, if appropriate under the facts of the case pursuant to G.L. c. 273A, s. 10, para. 4 and if valid service has been made, within 45 days from the date of receipt by the court of the request for interstate income withholding. (2) Failure of an Obligor to Appear for the Hearing. If it appears that valid notice of the hearing date was sent to the obligor in accordance with paragraph (d) and if the obligor fails to appear for the hearing, the court shall enter an order for income withholding if it finds that the factors and conditions set forth in G.L. c. 273A, s. 10, para. 4 obtain. (3) Orders. The clerk shall promptly enter the income assignment order on the docket, together with the date of such entry, and shall promptly complete and give a copy of such order to each party. Such order shall be given to the obligor in-hand while the obligor is before the court, or, if the obligor does not appear, by first class mail. If the case was forwarded to the court by the IV-D agency pursuant to G.L. c. 119A, s. 8 , the court shall provide the obligee's copy of the order to the agency. If the case was not forwarded by the IV-D agency, the clerk's office shall send a copy of the order directly to the obligee by first class mail. (4) Records. The clerk shall perform such record-keeping relative to requests for interstate income withholding and the entry of orders under G.L. c. 273A, s. 10 as may be prescribed by the administrative justice
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