Mass. Gen. Laws » Part I Title XVII Chapter 119A

Mass. Gen. Laws ch. 119A, § 13

Support payments or installments; judgment by operation of law; retroactive modification; application

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Section 13. (a) Any payment or installment of support under any child support order issued by any court of this commonwealth or by a court or agency of competent jurisdiction of any other state shall be on or after the date it is due, a judgment by operation of law, with the full force, effect, and attributes of a judgment of this commonwealth including the ability to be enforced; shall be entitled as a judgment to full faith and credit; and a judicial or administrative action to enforce said judgment may be commenced at any time; provided that said judgment shall not be subject to retroactive modification except with respect to any period during which there is pending a complaint for modification, but only from the date that notice of such complaint has been given, either directly or through the appropriate agent, to the obligee or, where the obligee is the plaintiff, to the obligor.

(b) After a judgment pursuant to chapter two hundred and eight, two hundred and nine or two hundred and nine C, an agreement between parents that provides for the support of a minor child shall not be enforceable to bar a modification of the amount of support due on behalf of the minor child unless the court finds all of the following: 1) that the agreement survives the original judgment and has independent legal significance; 2) that the agreement was fair and reasonable and free from fraud and coercion at the time of the judgment; 3) that the provisions for support of the minor child continue to be fair and reasonable considering the child support guidelines and the circumstances of the parties and the child; and 4) that enforcement of the agreement is in the best interests of the child.

(c) In any proceeding to establish or modify an amount of child support, the child support guidelines promulgated by the chief justice of the trial court shall apply. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines, that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines and that such departure is consistent with the best interests of the child.

(d) The provisions of this section shall apply to all actions for establishment, modification or enforcement of a judgment or order for child support pursuant to or adjudicated under the provisions of chapters one hundred and nineteen, 119A, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine A, two hundred and nine C and two hundred and nine D.

Notes of Decisions
Cited in 38 cases (6 in the last 5 years), 1990–2026 · leading case: Rosen v. Rosen
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Rosen v. Rosen (2016) massappct · cites it 10× “856, 861 (2001), namely, whether “a judge, in compelling circumstances of an equitable nature, and without contravening G. L. c. 119A, § 13(a), may apply a credit in calculating child support arrearages to reflect payments made in a manner other than as directed by the original…”
Quinn v. Quinn (2000) massappct · cites it 6× “The plaintiff argues that the judge erred in dismissing the complaint based on the plaintiff’s agreement because the agreement had not been approved by the court.”
D'Avella v. McGonigle (1999) mass · cites it 7× “We are asked to recognize impossibility of performance as an exception to the statutory prohibition against the retroactive modification of support orders found in G. L. c. 119A, § 13 (a). We conclude that the statute as written does not provide such an exception, and decline to…”
Boulter-Hedley v. Boulter (1999) mass · cites it 3× “208, § 28, and G. L. c. 119A, § 13, when read together, mandate that all modifications of child support orders be given retroactive effect, absent a showing that such retroactive modification would be contrary to the child’s best interests, unjust, or inappropriate.”
Poras v. Pauling (2007) massappct · cites it 3× “G. L. c. 119A, § 13(4). The wife makes no reference in her brief to c.”
Lombardi v. Lombardi (2007) massappct · cites it 3× “714, § 1, the Massachusetts Legislature enacted G. L. c. 119A, § 13(a), providing in part that “[a]ny payment or installment of support under any child support order issued by any court of this commonwealth .”
Hoegen v. Hoegen (2016) massappct “See G. L. c. 119A, § 13(a); G. L. c. 208, § 28.”
Morales v. Morales (2013) mass · cites it 2× “” 6 G. L. c. 119A, § 13 (c). This same presumption is incorporated in other sections of the General Laws pertaining to child support orders that arise in different contexts, including § 28.”
Child Support Enforcement Division of Alaska v. Brenckle (1997) mass · cites it 2× “” G. L. c. 119A, § 13 (a). This statute applied to URESA and is now applicable to the provisions of UIFSA.”
Pierce v. Pierce (2009) mass “Under G. L. c. 119A, § 13 (a), an order for child support is not subject to modification for any period prior to the date that notice of a complaint for modification has been served.”
T.M. v. L.H. (2001) massappct · cites it 2× “119A, § 13(a), suggests a belief on her part “that there is a distinction between modifying support arrearages to effect a retroactive decrease in the amount or level of support originally ordered and granting equitable credits against those arrearages [or in establishing the…”
Murray v. Super (2015) massappct “See G. L. c. 119A, § 13(c); Morales v. Morales, 464 Mass.”
Show all 38 citing cases →
— Mass. Gen. Laws ch. 119A, § 13(4) — 1 case
Poras v. Pauling (2007) massappct “G. L. c. 119A, § 13(4). The wife makes no reference in her brief to c.”
— Mass. Gen. Laws ch. 119A, § 13(a) — 15 cases
Rosen v. Rosen (2016) massappct “856, 861 (2001), namely, whether “a judge, in compelling circumstances of an equitable nature, and without contravening G. L. c. 119A, § 13(a), may apply a credit in calculating child support arrearages to reflect payments made in a manner other than as directed by the original…”
Quinn v. Quinn (2000) massappct “The plaintiff argues that the judge erred in dismissing the complaint based on the plaintiff’s agreement because the agreement had not been approved by the court.”
Lombardi v. Lombardi (2007) massappct “714, § 1, the Massachusetts Legislature enacted G. L. c. 119A, § 13(a), providing in part that “[a]ny payment or installment of support under any child support order issued by any court of this commonwealth .”
Hoegen v. Hoegen (2016) massappct “See G. L. c. 119A, § 13(a); G. L. c. 208, § 28.”
Poras v. Pauling (2007) massappct “G. L. c. 119A, § 13(4). The wife makes no reference in her brief to c.”
— Mass. Gen. Laws ch. 119A, § 13(c) — 2 cases
Murray v. Super (2015) massappct “See G. L. c. 119A, § 13(c); Morales v. Morales, 464 Mass.”
Fazio v. Fazio (2017) massappct
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