2006 Massachusetts Code - Section 28. Orders for payment of support; who may bring action; expiration of orderor judgment.

Section 28. (a) During the pendency of an action brought pursuant to section twenty-four, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. When the court makes an order of support on behalf of a party, and such party is not covered by a private group health insurance plan, the court shall determine whether the person chargeable with support has private health insurance or a group plan available to him through an employer or organization that may be extended to cover the party for whom support is ordered. When said court has determined that the person chargeable with support has such insurance, said court shall include in the order or judgment a provision relating to said insurance.

Any such order of support shall conform to and be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.

(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child’s guardian, next of kin or other person standing in a parental relationship to the child; by the authorized agent of the department of social services or any agency licensed under chapter 28A provided that the child is in their custody or is or was a recipient of any type of public assistance by the IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of social services, the division of medical assistance, or any other public assistance program of the commonwealth. In the event that someone other than the IV-D agency commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify said IV-D agency of the pendency of the action and said IV-D agency shall be permitted to intervene in the action.

(c) An order, or judgment of support pursuant to this section may be entered notwithstanding the default of the person chargeable with support or his failure to appear personally.

(d) In determining the amount of current support to be paid, the court shall apply the child support guidelines established by the chief administrative justice of the trial court, or, in the absence of such standards, shall consider the factors set forth in section thirty-two of chapter two hundred and nine.

(e) The person chargeable with support shall comply with said order, or judgment until the same is dismissed or expires. When an action brought under section twenty-four of this chapter is dismissed or a final order of commitment is entered, the order or judgment of support shall expire six months after the judgment of dismissal or final order of commitment. At the time of such dismissal or final order of commitment, the court shall notify the parties and the IV–D agency, as set forth in chapter one hundred and nineteen A, of the expiration date of the support order or judgment.