# Mass. Gen. Laws ch. 62D, sec. 6: Hearing on disputed claims

> Massachusetts · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S6

## Section

- **Citation:** Mass. Gen. Laws ch. 62D, sec. 6
- **Heading:** Hearing on disputed claims
- **Jurisdiction:** Massachusetts
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MA Code / Part I / Title IX / Chapter 62D / Section 6

## Text

Section 6. If the claimant agency receives a written application from the debtor or nondebtor spouse contesting the claim upon which the proposed set-off is based, an administrative hearing shall be held by the claimant agency pursuant to the provisions of chapter thirty A; provided, however, that if the IV–D agency is the claimant agency, an administrative review shall be conducted in accordance with the provisions of section seventeen of chapter one hundred and nineteen A. The purpose of said hearing or administrative review shall be to determine whether the claim is valid and if so, whether the claimed sum asserted as due and owing is correct. No issue previously litigated by the parties in a court of competent jurisdiction and upon which a final decision on the merits has been rendered shall be considered at the hearing or administrative review. If the amount due is incorrect, a proper adjustment shall be made. Where a nondebtor spouse is contesting the portion of the refund attributable to his income, the nondebtor spouse shall have the burden of proving what portion of a refund transferred to a claimant agency, if any, is attributable to his income.

Section 6. If the claimant agency receives a written application from the debtor or nondebtor spouse contesting the claim upon which the proposed set-off is based, an administrative hearing shall be held by the claimant agency pursuant to the provisions of chapter thirty A; provided, however, that if the IV–D agency is the claimant agency, an administrative review shall be conducted in accordance with the provisions of section seventeen of chapter one hundred and nineteen A. The purpose of said hearing or administrative review shall be to determine whether the claim is valid and if so, whether the claimed sum asserted as due and owing is correct. No issue previously litigated by the parties in a court of competent jurisdiction and upon which a final decision on the merits has been rendered shall be considered at the hearing or administrative review. If the amount due is incorrect, a proper adjustment shall be made. Where a nondebtor spouse is contesting the portion of the refund attributable to his income, the nondebtor spouse shall have the burden of proving what portion of a refund transferred to a claimant agency, if any, is attributable to his income.

## Nearby sections

- [Mass. Gen. Laws ch. 62D, sec. 1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S1.md)
- [Mass. Gen. Laws ch. 62D, sec. 2 Minimum amount for set-off and collection](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S2.md)
- [Mass. Gen. Laws ch. 62D, sec. 3 Assistance in collection rendered by department; distribution](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S3.md)
- [Mass. Gen. Laws ch. 62D, sec. 4 Notice and furnishing of information to department by claimant agency; notice to debtor](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S4.md)
- [Mass. Gen. Laws ch. 62D, sec. 5 Transfer of funds owed to claimant agency; deposit in escrow account; notice to taxpayer](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S5.md)
- [Mass. Gen. Laws ch. 62D, sec. 6 Hearing on disputed claims](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S6.md)
- [Mass. Gen. Laws ch. 62D, sec. 7 Right of appeal; finalization of set-off](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S7.md)
- [Mass. Gen. Laws ch. 62D, sec. 8 Removal and forwarding of amount from escrow upon final determination; crediting of obligation; notice](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S8.md)
- [Mass. Gen. Laws ch. 62D, sec. 9 Notice to debtor of finalization of set-off; disbursement of outstanding balance due](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S9.md)
- [Mass. Gen. Laws ch. 62D, sec. 10 Disclosure of information; use](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S10.md)
- [Mass. Gen. Laws ch. 62D, sec. 10A Wage information sharing; reciprocal agreements with other states](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S10A.md)
- [Mass. Gen. Laws ch. 62D, sec. 11 Rules and regulations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S11.md)
- [Mass. Gen. Laws ch. 62D, sec. 12 Additional remedies](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S12.md)
- [Mass. Gen. Laws ch. 62D, sec. 13 Priority of set-off](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TIX_C62D_S6. Check the current official text before relying on it. Not legal advice.