Massachusetts General Laws
Chapter 119a - Child Support Enforcement
Section 10a - Corrections for Overpayment, Underpayment, or Administrative Error

Section 10A. (a) If a case receiving IV–D services is otherwise eligible for case closure and the commissioner of revenue determines that (1) an obligor has made an overpayment of $10 or less of the amount of any child support owed by the obligor, or (2) child support in the amount of $10 or less is due to an individual obligee, the commissioner shall disburse the amounts to the obligor or obligee. If the obligor or obligee fails to negotiate the check issued by the commonwealth within 180 days of its issuance, the funds shall be placed in the account established pursuant to paragraph (3) of section 10, to be expended as provided in subsections (b) and (c) of this section.
(b) If the commissioner determines that the IV–D agency has distributed a payment to an individual obligee that was not a child support collection on behalf of the obligee, or that the obligee was otherwise not entitled to the payment, the IV–D agency shall make diligent efforts to recover the payment from the obligee, including deducting the amount, or a portion thereof, from future collections of child support made on behalf of the obligee. Recovered amounts shall be placed in the account established pursuant to paragraph (1) of section 10. Where the IV–D agency does not recover the payment, the IV–D agency may issue a refund of an overpayment to an obligor, or a replacement payment to an individual obligee on whose behalf the child support collection was made, from the account established pursuant to paragraph (3) of said section 10.
(c) If the commissioner determines that an individual obligee or obligor has incurred bank or similar fees as a direct result of administrative error by the IV–D agency, the IV–D agency may, at the discretion of the commissioner, reimburse the obligee or obligor for the fees from the account established pursuant to paragraph (3) of section 10.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

Chapter 119a - Child Support Enforcement

Section 1 - Child Support Enforcement Program; Public Policy; Remedies; Commission Established; Department of Revenue as Iv–d Agency

Section 1a - Definitions

Section 2 - Services Provided; Enforcement of Subrogation Rights; Collection of Support Payments; Publicizing Services Available

Section 2a - Intimidation of Officers or Employees; Obstruction; Penalties

Section 3 - Actions to Enforce Subrogation Rights; Notice

Section 3a - Establishment of Paternity; Genetic Marker Tests

Section 3b - Child Support Orders; Receipt of Iv–d Agency Services; Modification of Child Support; Notice; Jurisdiction

Section 4 - Statewide Automated Information Retrieval System; State Case Registry; Paternity and Child Support Information; Comparison and Monitoring of Other State and Federal Systems

Section 5 - Collection and Disbursement of Child Support Payments; Use of Undisbursed Payments; Termination of Public Assistance; Rights of Obligee

Section 5a - Personal Data; Purposes for Which Disclosure Permitted; Safeguards; Exceptions; Unauthorized Inspection or Disclosure; Penalties

Section 5b - Disclosure of Personal Data Prohibited; Petition for Disclosure; Determination of Harm; Limited Disclosure

Section 6 - Arrearages; Collection Procedures

Section 6a - Pension and Retirement Plans of Obligor; Attachment of Payments, Distributions or Benefits; Use of Accumulated Total Deductions to Pay Arrearages

Section 7 - Entry of Support Order in Other Jurisdiction

Section 8 - Support Order of Other Jurisdiction; Filing; Documentation

Section 9 - Child Support Trust Fund

Section 10 - Child Support Trust Fund; Separate Accounts

Section 10a - Corrections for Overpayment, Underpayment, or Administrative Error

Section 11 - Child Support Trust Fund; Requisitions

Section 12 - Support Orders; Enforcement; Arrearages; Assignment of Wages; Notice and Hearing; Order

Section 13 - Support Payments or Installments; Judgment by Operation of Law; Retroactive Modification; Application

Section 14 - Support Payments or Installments; Judgment by Operation of Law; Retroactive Modification; Application

Section 15 - Iv–d Agency Powers; Failure to Comply With Subpoena or Summons Issued Under Section; Penalties; Production of Witnesses, Books, Papers and Records

Section 16 - Revocation, Suspension, Nonissuance or Nonrenewal of Licenses for Failure to Provide Support

Section 17 - Procedures for Collection and Disbursement of Child Support; Informational Materials; Review; Appeals