Massachusetts General Laws

Mass. Gen. Laws ch. 18, § 21 (2026)

Support and maintenance; subrogation of department; termination of assistance; notice

✓ current as of July 2026

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Section 21. The department shall be subrogated to the rights to support and maintenance of any welfare recipient to the extent of any payments made by the department to such recipient. The department shall obtain from said recipients such information, in the recipient's knowledge and possession, as may be reasonable necessary to enforce the department's right.

When the department proposes to terminate public assistance due to the collection of monthly support in excess of monthly benefits paid, it shall forthwith notify the IV–D agency as set forth in chapter one hundred and nineteen A. When the department terminates public assistance for any reason other than the collection of monthly support in excess of benefits paid, it shall forthwith notify said IV–D agency of such action.

Whenever the department notifies a recipient that it proposes to terminate a recipient from assistance, it shall include in such notice a statement of such recipient's right to continued child support services from the IV–D agency.

Notes of Decisions

Cited in 14 cases, 1975–2018 · leading case: Brady v. Brady, 403 N.E.2d 1174 (Mass. 1980).

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Brady v. Brady, 403 N.E.2d 1174 (Mass. 1980). · cites it 13× “Before reaching the question of the validity of the lien, we first consider whether the Probate Court judge properly ordered the husband to pay alimony and child support directly to the department pursuant to G. L. c. 18, § 21, where the department was not a party to the…”

Furtado v. Furtado, 402 N.E.2d 1024 (Mass. 1980). “8 See G. L. c. 18, § 21, authorizing the Department of Public Welfare to obtain court orders directing support payments in favor of any welfare recipient and to institute contempt proceedings for failure to comply with Probate Court support orders.”

Commonwealth v. Lobo, 432 N.E.2d 496 (Mass. 1982). · cites it 2× “Further, under G. L. c. 18, § 21, the Department of Public Welfare is subrogated to the rights of any welfare recipient and may commence civil or criminal proceedings in its own name, or in the name of the recipient, regarding support.”

Dep't of Revenue v. C.M.J., 731 N.E.2d 501 (Mass. 2000). · cites it 2× “Similarly, and significantly, we have said that the subrogation provision of G. L. c. 18, § 21, concern *79 ing the right of the DTA to collect support payments owed to a welfare recipient, “protects the public from the burden of assuming the support obligations of an absent…”

Brady v. Brady, 391 N.E.2d 918 (Mass. App. Ct. 1979). · cites it 3× “Under G. L. c. 18, § 21, inserted by St. 1969, c.”

A.R. v. C.R., 411 Mass. 570 (Mass. 1992). “See G. L. c. 18, § 21 (1990 ed.), and G. L. c.”

Furtado v. Furtado, 389 N.E.2d 414 (Mass. App. Ct. 1979). “In this connection, however, there should be noted the controversy surrounding the presentation of cases for the Department of Public Welfare under G. L. c. 18, § 21 (see Hammer, Activities of Massachusetts Bar Association Unauthorized Practice of Law Committee, 39 Unauthorized…”

Pomeroy v. Dep't of Pub. Welfare, 325 N.E.2d 275 (Mass. App. Ct. 1975). “” The department’s only claim to funds paid by the father of the children for their support arose under G. L. c. 18, § 21, which provides in relevant part, “The department shall be subrogated to the rights to support and maintenance of any welfare recipient to the extent of any…”

Richardson v. Dep't of Revenue, 668 N.E.2d 346 (Mass. 1996). “G. L. c. 18, § 21 (1994 ed.). Two years later, on September 24, 1982, the plaintiff signed a second, notarized acknowledgment of paternity.”

Mernin v. Mernin, 383 N.E.2d 93 (Mass. App. Ct. 1978). “Ainslie, ante 690, 693-694 [1978]) for the purpose of securing (i) the weekly payments due the plaintiff and (ii) the amounts to which the Department of Public Welfare might thereafter be subrogated under the provisions of G.”

Leach v. Leach, 348 N.E.2d 806 (Mass. App. Ct. 1976). “Where, under the provisions of G. L. c. 18, § 21, inserted by St. 1969, c.”

Commonwealth v. Provencher, 429 N.E.2d 49 (Mass. App. Ct. 1981). · cites it 2× “Equally without merit is the defendant’s contention that as a recipient of welfare funds, the complainant, his former wife, had assigned her rights to support to the Department of Public Welfare, and, hence, under G. L. c. 18, § 21, only the Department could seek a complaint…”

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