When a party is incarcerated, the Department may suspend an order for support during the period of incarceration. When the Department learns that the obligor will be incarcerated for more than 180 calendar days, without the need for a specific request, and upon notice to all parties, the Department will initiate a review of the order, and, if appropriate, adjust or suspend it. The support order will automatically revert to the amount in place before the obligor's incarceration two weeks after the obligor's release from incarceration, or the first Friday after becoming employed, whichever occurs first.
Notice of the decision will be sent to the custodial parent, who may request a hearing on the matter within 10 business days of receiving notice of the intended modification. The custodial parent may at any time present evidence that the incarcerated obligor nonetheless has a source of income through which to pay the previously ordered weekly support amount.
10- 144 C.M.R. ch. 351, § 13-2