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Commonwealth of Massachusetts
The Trial Court
Worcester, ss. The Superior Court Division
Docket No: IBZ5CVO550A
Luis Orlando Rivera-Matos, )
Plaintiff ; :
v. } Verified Complaint ffor Declaratory
Department of Revenue/Child Support Judgment purusant to MGL c. 231A §1
Division, 5 \
Defendant. ) FILED
Introduction APR (0 2018
Luis Orlando Rivera-Matos ("Luis"), a previously snoal Eee yf foLenK
brings this action for Declaratory Judgment pursuant to MGL c. 231A § 1 against
the Department of Revenue Child Support. Division ("CSE")-Worcester Division; and
requests this Honorable Gourt declare the ammount, if any, of the obligation %
Luis owes the CSE. Luis has attempted to handle this situation with the CSE
during his incarceration, and had been ignored.
Jurisdiction and Venue :
As Luis has his primary residence in the City of Worcester, and the action
requested has original jurisdiction in the Superior Court; the Superior Court
in and for the County of Worcester is the proper venue and jurisdiction.
Parties
1. Luis Orlando Rivera-Matos of _!0 H ammin d Stee et
waccetter Ma Git 6_, was previously incarcerated and
lawfully released after serving nearly six (6) years in rate Prison.
2. The Department .of Revenue Child Support Fnforcement Division is a Title
IV agency charged with the’ enforcement and collection " child support
|
under MGL c. 209C § 5{d).
3. There are no other parties to this action.10.
it.
12.
13.
14,
15.
16.
The Worcester office of the Department of Revenue Child Support Enforcement
Division is located at 67 Millbrook Street, #300; Worcester, Massachusetts.
Facts
On December 22, 2010, CSE, on behalf of Maritza Rodriguez, initiated
and received judgment that Luis should pay $120.00 (One-Hundred Twenty
Dollars) a week in child support for his two children.
Luis was notified to report any change of address to the CSE.
Luis had been current with his payments and compliant with the Child
Support Judgment and obligation.
On October 2012, Luis became incarcerated.
Luis notifed CSE of his incarceration.
Through a Correctional Program Officer (CPO) at the prison, Luis filed
some paperwork noting his incarcerated status and with further notification
he would be incarcerated through 2018.
Luis continued ta receive statement from the CSE showing a continued
obligation to be paid weekly.
Luis has had no assets or ability to pay while he was incarcerated, and
Euis remained program compliant throughout his incarceration.
Luis attempted to notify the CSE directly of his lack of ability to
pay, his incarcerated status, and his complince with programming; and
was continually ignored.
Luis attempted to file litigation in the Probate and Family Court,
complaints to the Department of Revenue, complaints to the CSE; all
with the assistance of "Jail-House Lawyers''—without success.
Luis was ignored and rebuffed in all his attempts to ask CSE for a
correction to his child support obligation.
Luis was never allowed a hearing to challenge his child|support obligation.17.
18.
19.
Luis's children has turned 18 years old since his incarceration.
Luis estimates he owes CSE about $37,000 (Thirty-Seven Thousand Dollars)
for the accumulated unpaid child support, fees, and penalties assessed
during his incarceration.
Luis has since been released from custody and is now liable for civil
penalty for failing to pay child support.
REQUEST FOR DECLARATORY JUDGMENT
20.
21.
22,
24,
25.
26.
Luis reavers and repeats paragraphs above as if restated in whole here.
CSE is governed by Massachusetts Law and its own regulations promulgated
at 830 CMR 119A et al.
830 CMR 119A.6.1 (5)(c)(6) exempts prisoners from penalties and fees
if they are "participating in or has successfully completed" programs
offered by the Department of Correction.
830 CMR 119A.6.1 (5)(d) obliges payees to notify DOR/CSE of any change
of circumstance or address.
Massachusetts General Laws chapter 119A section 17 allows for Judicial
Review of a child support obligation only after a final determination
is made by the Child Support Enforcement Division through 803 CMR 119A.6.2
(3)(b).
Massachusets General Laws chapter 119A section 13(b) instructs that
it would have been possible, but for CSE's actions, for. Luis to have
waived his child support obligation for the duration of his incarceration.
Massachusetts General Laws chapter 209¢ § 9 (c) instructs that Luis,
taking into account is inability to pay while incarcerated, would have
had his child support obligation waived, but for CSE's actions.WHEREFORE:
27. Luis requests this Honorable Court make the following declarations:
A. But for CSE's actions, or inactions, Luis would have jbeen allowed
a hearing to determine if he had a continued obligation to pay child
support while incarcerated.
B. Had Luis been afforded the opportunity to challenge his child support
obligation, it is likely he would have no accumilated unpaid child
support owed to the CSE.
C. In fact, taking account of all the facts in this matter, Iwis's
obligation is reduced to zero, and all penalties and fees are waived.
Respectfully Submitted and
Signed under pain and penalty of purjury,
luis Orlando Rivera-Matos, “Dated: ¢/ Le Oo »2018
pro-se_
z ¢ Vor Mackas
10 A ammeondl St
Worcester Ma dibio
(address)
(S08 V@a-(o4o?
(telephone): COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT DEPARTMENT
WORCESTER,, SS.
MASSACHUSETTS DEPARTMENT OF REVENUE
CHILD SUPPORT ENFORCEMENT DIVISION
on behalf of )
MARITZA RODRIGUEZ )
, } JUDGMENT/ORSER
Plaintiff . } ON Complaint
LUIS ORLANDO RIVERA-MATOS Defendant } & ’ * z | alls h
Peed He to/ 19/1.
All persons having been notified in accordance with the law and the following having appeared before this court:
wy Plaintiff: Merit en Rodalaue 2
[—-1 Defendant: Luks O¢lande Riven - Matas / .
[WT Counsel for the Child Support Enforcement Division of the Massachusetts Department of Reveme:
4 Ween EC vumnel ¢
[ ] Counsel for the Plaintiff:
[ ] Covnsel for the Defendant:
[ ]. Other:
I find that the defendant was served with the complaint purswant to Mass. Rules Dom. Rel. P. 4 by
his or her acceptance of personal service
personal delivery to him or her of the summons and the complaint
leaving a copy of the summons and complaint at his or her Jast and usual place of abode and by
mailing copies thereof to him or her
eo
and find further that the defendant received notice of this hearing by first class mail.
After hearing it is ordered and adjudged:
1. [ ]the plaintiff - defendant is declared to be the father of:
Cy {- ]the mother and father completed an Acknowledgment of Parentage on
4 : towedia ZIAD SLL©
2. [ ]the mother - father shall have vare.and custody of the minor child(ren)... . : bisagee.
3. [ ]the mother - father is granted the following visitation right(s):
4, [’]the peat - defendant is ordered to make current child support payments by income assignment in the
amount of:
j. }
BSS to be paid Wee. Khe The first payment is due
ord Ee ah Ch Men , di
[ ac ols ' ‘ge bel he ile aaecke. 21 we Vas eT
{the plaintiff - defendant is ordered to ptovide health insurance or other health care coverage immediately
-for the benefit of the dependent child(ren) [and spouse]. = a ae
6. [V’] the piaintiff - defendant is ordered to provide health insurance or other health care coverage for the
benefit of the dependent child(ren)-fanc-speuse] if and when it becomes available at a reasonable cost
and to notify the Massachusetts Department of Revenue. .
7. { Jthe plaintiff - defendant is hereby prohibited from imposing any restraints on the Personal ‘liberty of the
plaintiff - defendant and minor child(ren).
8. [ pursuant to G. L. c. 209C, § 8 and G. L. c, 46, § 13, a new birth certificate shall be issued for the
minor child to reflect that the plaintiff - defendant is the father of the minor child.
9. [ ]the plaintiff- defendant shall report in person to the Probation Department of this Court with evidence
. of having sought employment from at least employers each and every
‘The plaintiff-defendant shall provide the Probation Department with the name, address, and telephone
number of the employer and a copy of his or her job application or other proof of having actually -
applied for work. VIOLATION OF THIS PARAGRAPH SHALL BE DEEMED CRIMINAL
CONTEMPT OF COURT AND MAY SUBJECT THE PLAINTIFF - DEFENDANT TO A JAIL
SENTENCE OF UP TO SIX MONTES.
10. (VY ]the plai defendant shall notify the Massachusetts Department of Revenue of any change in his or
her address or employment.
11. [_ ] the parties are ordered to comply with the Stipulation(s) or Agreement(s) dated
which are filed, incorporated and merged into this judgment, but which shall have no no independent legal
significance.
12.[ ] as
All until further notice of the Court.
[2-2I-(e icin,
Preview
Commonwealth of Massachusetts The Trial Court Worcester, ss. The Superior Court Division Docket No: IBZ5CVO550A Luis Orlando Rivera-Matos, ) Plaintiff ; : v. } Verified Complaint ffor Declaratory Department of Revenue/Child Support Judgment purusant to MGL c. 231A §1 Division, 5 \ Defendant. ) FILED Introduction APR (0 2018 Luis Orlando Rivera-Matos ("Luis"), a previously snoal Eee yf foLenK brings this action for Declaratory Judgment pursuant to MGL c. 231A § 1 against the Department of Revenue Child Support. Division ("CSE")-Worcester Division; and requests this Honorable Gourt declare the ammount, if any, of the obligation % Luis owes the CSE. Luis has attempted to handle this situation with the CSE during his incarceration, and had been ignored. Jurisdiction and Venue : As Luis has his primary residence in the City of Worcester, and the action requested has original jurisdiction in the Superior Court; the Superior Court in and for the County of Worcester is the proper venue and jurisdiction. Parties 1. Luis Orlando Rivera-Matos of _!0 H ammin d Stee et waccetter Ma Git 6_, was previously incarcerated and lawfully released after serving nearly six (6) years in rate Prison. 2. The Department .of Revenue Child Support Fnforcement Division is a Title IV agency charged with the’ enforcement and collection " child support | under MGL c. 209C § 5{d). 3. There are no other parties to this action.10. it. 12. 13. 14, 15. 16. The Worcester office of the Department of Revenue Child Support Enforcement Division is located at 67 Millbrook Street, #300; Worcester, Massachusetts. Facts On December 22, 2010, CSE, on behalf of Maritza Rodriguez, initiated and received judgment that Luis should pay $120.00 (One-Hundred Twenty Dollars) a week in child support for his two children. Luis was notified to report any change of address to the CSE. Luis had been current with his payments and compliant with the Child Support Judgment and obligation. On October 2012, Luis became incarcerated. Luis notifed CSE of his incarceration. Through a Correctional Program Officer (CPO) at the prison, Luis filed some paperwork noting his incarcerated status and with further notification he would be incarcerated through 2018. Luis continued ta receive statement from the CSE showing a continued obligation to be paid weekly. Luis has had no assets or ability to pay while he was incarcerated, and Euis remained program compliant throughout his incarceration. Luis attempted to notify the CSE directly of his lack of ability to pay, his incarcerated status, and his complince with programming; and was continually ignored. Luis attempted to file litigation in the Probate and Family Court, complaints to the Department of Revenue, complaints to the CSE; all with the assistance of "Jail-House Lawyers''—without success. Luis was ignored and rebuffed in all his attempts to ask CSE for a correction to his child support obligation. Luis was never allowed a hearing to challenge his child|support obligation.17. 18. 19. Luis's children has turned 18 years old since his incarceration. Luis estimates he owes CSE about $37,000 (Thirty-Seven Thousand Dollars) for the accumulated unpaid child support, fees, and penalties assessed during his incarceration. Luis has since been released from custody and is now liable for civil penalty for failing to pay child support. REQUEST FOR DECLARATORY JUDGMENT 20. 21. 22, 24, 25. 26. Luis reavers and repeats paragraphs above as if restated in whole here. CSE is governed by Massachusetts Law and its own regulations promulgated at 830 CMR 119A et al. 830 CMR 119A.6.1 (5)(c)(6) exempts prisoners from penalties and fees if they are "participating in or has successfully completed" programs offered by the Department of Correction. 830 CMR 119A.6.1 (5)(d) obliges payees to notify DOR/CSE of any change of circumstance or address. Massachusetts General Laws chapter 119A section 17 allows for Judicial Review of a child support obligation only after a final determination is made by the Child Support Enforcement Division through 803 CMR 119A.6.2 (3)(b). Massachusets General Laws chapter 119A section 13(b) instructs that it would have been possible, but for CSE's actions, for. Luis to have waived his child support obligation for the duration of his incarceration. Massachusetts General Laws chapter 209¢ § 9 (c) instructs that Luis, taking into account is inability to pay while incarcerated, would have had his child support obligation waived, but for CSE's actions.WHEREFORE: 27. Luis requests this Honorable Court make the following declarations: A. But for CSE's actions, or inactions, Luis would have jbeen allowed a hearing to determine if he had a continued obligation to pay child support while incarcerated. B. Had Luis been afforded the opportunity to challenge his child support obligation, it is likely he would have no accumilated unpaid child support owed to the CSE. C. In fact, taking account of all the facts in this matter, Iwis's obligation is reduced to zero, and all penalties and fees are waived. Respectfully Submitted and Signed under pain and penalty of purjury, luis Orlando Rivera-Matos, “Dated: ¢/ Le Oo »2018 pro-se_ z ¢ Vor Mackas 10 A ammeondl St Worcester Ma dibio (address) (S08 V@a-(o4o? (telephone): COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT WORCESTER,, SS. MASSACHUSETTS DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT DIVISION on behalf of ) MARITZA RODRIGUEZ ) , } JUDGMENT/ORSER Plaintiff . } ON Complaint LUIS ORLANDO RIVERA-MATOS Defendant } & ’ * z | alls h Peed He to/ 19/1. All persons having been notified in accordance with the law and the following having appeared before this court: wy Plaintiff: Merit en Rodalaue 2 [—-1 Defendant: Luks O¢lande Riven - Matas / . [WT Counsel for the Child Support Enforcement Division of the Massachusetts Department of Reveme: 4 Ween EC vumnel ¢ [ ] Counsel for the Plaintiff: [ ] Covnsel for the Defendant: [ ]. Other: I find that the defendant was served with the complaint purswant to Mass. Rules Dom. Rel. P. 4 by his or her acceptance of personal service personal delivery to him or her of the summons and the complaint leaving a copy of the summons and complaint at his or her Jast and usual place of abode and by mailing copies thereof to him or her eo and find further that the defendant received notice of this hearing by first class mail. After hearing it is ordered and adjudged: 1. [ ]the plaintiff - defendant is declared to be the father of: Cy {- ]the mother and father completed an Acknowledgment of Parentage on 4 : towedia ZIAD SLL© 2. [ ]the mother - father shall have vare.and custody of the minor child(ren)... . : bisagee. 3. [ ]the mother - father is granted the following visitation right(s): 4, [’]the peat - defendant is ordered to make current child support payments by income assignment in the amount of: j. } BSS to be paid Wee. Khe The first payment is due ord Ee ah Ch Men , di [ ac ols ' ‘ge bel he ile aaecke. 21 we Vas eT {the plaintiff - defendant is ordered to ptovide health insurance or other health care coverage immediately -for the benefit of the dependent child(ren) [and spouse]. = a ae 6. [V’] the piaintiff - defendant is ordered to provide health insurance or other health care coverage for the benefit of the dependent child(ren)-fanc-speuse] if and when it becomes available at a reasonable cost and to notify the Massachusetts Department of Revenue. . 7. { Jthe plaintiff - defendant is hereby prohibited from imposing any restraints on the Personal ‘liberty of the plaintiff - defendant and minor child(ren). 8. [ pursuant to G. L. c. 209C, § 8 and G. L. c, 46, § 13, a new birth certificate shall be issued for the minor child to reflect that the plaintiff - defendant is the father of the minor child. 9. [ ]the plaintiff- defendant shall report in person to the Probation Department of this Court with evidence . of having sought employment from at least employers each and every ‘The plaintiff-defendant shall provide the Probation Department with the name, address, and telephone number of the employer and a copy of his or her job application or other proof of having actually - applied for work. VIOLATION OF THIS PARAGRAPH SHALL BE DEEMED CRIMINAL CONTEMPT OF COURT AND MAY SUBJECT THE PLAINTIFF - DEFENDANT TO A JAIL SENTENCE OF UP TO SIX MONTES. 10. (VY ]the plai defendant shall notify the Massachusetts Department of Revenue of any change in his or her address or employment. 11. [_ ] the parties are ordered to comply with the Stipulation(s) or Agreement(s) dated which are filed, incorporated and merged into this judgment, but which shall have no no independent legal significance. 12.[ ] as All until further notice of the Court. [2-2I-(e icin,