Seeking Child Support in the Probate and Family Court

How do I get a child support order?

To start the process of getting a child support order you must file a complaint on a printed form provided by the court.

What kinds of court complaints can I file if I am married to the other party?

If you are married to the other parent and you want to get a divorce from that parent as well as getting child support, you can file a Complaint for Divorce.

If you are married to the other parent, but you do not want to get a divorce from that parent, you can file a Complaint for Separate Support (Massachusetts General Laws, Chapter 209, section 32) or a Complaint for Support (Massachusetts General Laws, Chapter 209, section 32F.

What kinds of court complaints can I file if I am not married to the other party?

If you are not married, you can file a Complaint to Establish Paternity or a Complaint for Support, Custody, Visitation (Massachusetts General Laws, Chapter 209C).

Is there a kind of court complaint I can file if there has been domestic violence?

Whether or not you are married to the other parent, if there has been domestic violence, you can get a support order by requesting one on the Massachusetts General Laws Chapter 209A Complaint for Abuse Prevention Order ("restraining order") form. Since receiving child support as soon as possible is sometimes critical to being able to separate safely from an abusive person, using Chapter 209A to get a child support order can be very helpful.

What else do I need to do to get a child support order?

You will need to file a financial statement, an official court form that is extremely important and serious. On your financial statement you put your income, expenses, assets, bank accounts and debts. Because you sign the financial statement under penalties of perjury, you can be punished by the court for making false statements on the statement. You will need to file a financial statement at each hearing when you ask for support.

You must also arrange to have the complaint and summons served by a deputy sheriff or constable; fill out, file, and serve a written Motion for a Temporary Support Order; and schedule a hearing where you present the Motion to the court. You must serve the othre parent with proper and timely notice of the date, time, and place of the hearing.

Are there court costs for getting a child support order, and what can I do if I cannot afford them?

The complaint for Divorce and the Complaint for Separate Support have filing fees; the other complaints do not. There is a fee to be paid to a deputy sheriff or other official for serving complaints, summons and other court papers. If you receive public assistance or if your income is very low, you may be eligible to have the filing fees waived and to have the state pay the cost of serving the papers. In order to do so, you fill out a form called an Affidavit of Indigency and have it approved by the appropriate court personnel, usually an assistant register of probate.

If I file for divorce, do I have to wait until I get my divorce for the court to order child support?

No. If you have filed a divorce case, you can file a Motion for a Temporary Support Order and have a hearing where the court makes a temporary order of support for your children or you. The temporary order remains in effect until changed by the court or until the divorce case is heard by the court.

Produced by Massachusetts Law Reform Institute
Last updated 31 January, 2006