Current through 2024-51, December 18, 2024
Section 144-351-8-21 - TEN DAY ADVANCE NOTICE OF CLAIMS FOR CREDIT A responsible parent who intends to introduce evidence at the hearing to support a claim for credit against his or her child support obligation must notify the Division in writing of the substance of any such claim and provide the Division with any written evidence that supports the claim (i.e., cancelled checks or receipts) within 10 days of receipt of the Notice of Hearing. The responsible parent must notify the Division in accordance with the requirements of this section of any claims of:
(a) money paid by the responsible parent directly to the custodial parent or to any other person or entity other than the Department (except if payment was retransmitted to and posted by the Department) as payment of or in lieu of child support, and(b) things of utilitarian value other than money that the responsible parent gave to the custodial parent or child(ren) as payment of or in lieu of child support. In the absence of such notice by the responsible parent, and provided that the Notice of Hearing or any other prior notice informs the responsible parent of the substance of the requirements of this section, the Division, upon request, must be granted a continuance so that it is able to consider, verify and/or rebut any claim for credit of which it did not have adequate prior notice. If a continuance is granted due to a lack of adequate prior notice, the responsible parent's current parental support obligation, if any, must begin on the same date as if the hearing had not been continued.10- 144 C.M.R. ch. 351, § 8-21