Getting a Child Support Order if You Are Married to the Other Parent

How do I start?

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

Where do I file?

You file the complaint in the Probate and Family Court.

• Usually, you can file the case in the county where you live.
• Sometimes you can file a case in the county where your child lives.
• Sometimes you have to file the case in the county where the other party lives.

What do I file if I am married to the other parent?

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).  You file a Compaint for Separate Support if you have issues besides child support, such as custody or visitation.

If you are married, but all you want from the court is a child support order, you file an Complaint for Support of Spouse or Child (Massachusetts General Laws, Chapter 209, section 32F).

Can I ask for a child support order in my restraining order case?

Yes.  You can ask for a child support order in your restraining order case whether or not you are married to the other parent.

You can request a child support order on your 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.  If you ask for a child support order in your 209A Complaint, you also file page 2 of the Complaint and Plaintiff's Affidavit in Support of Request for a Child Support Order. 

You can file a 209A complaint in a District Court or Boston Municipal Court as well as in a Probate and Family Court.

What do I do next?

These are the next steps, except in 209A cases.

1. Serve the papers. The clerk will give you a Domestic Relations Summons. This is an official paper that tells your spouse when he must file his Answer to your case. The court can only decide your case after your spouse is served with the summons. Bring or send the summons and a copy of all the papers that you filed to a sheriff or constable to deliver to your spouse. If the court approved your Affidavit of Indigency, use a deputy sheriff to serve the papers. Give the deputy sheriff a copy of the Affidavit of Indigency so the state can pay his or her fees. When the deputy sheriff gives the papers to your spouse, it is called "service of process."
2. Wait for the sheriff or constable to return the summons and "Proof of Service" to you   After the sheriff or constable serves the papers, he or she will return the original summons to you. On the summons, the sheriff or constable fills out, signs, and dates the section called "Proof of Service". Be sure to tell the deputy sheriff or constable to send the summons with the "proof of service" back to you.
3. Make a "return of service"   Return the signed original Domestic Relations Summons to the court. This is called making "return of service." Remember to make a copy of the signed original summons for your records.
4. Get a court date   Talk to a clerk at the court about arranging a court date.  
5. Motion for Temporary Support Order   If you will need a Temporary Order for Child Support while the rest of your case written goes on, you will need to file a Motion for a Temporary Support Order; and schedule a hearing where you present the Motion to the court. You must serve the other parent with proper and timely notice of the date, time, and place of the hearing.
6. Prepare and file the required financial papers

What do I do next in a 209A case?

In a 209A case, the police serve the papers.  If you have asked for a child support order in your case, the judge will check box 13 on the 209A Order form. See a sample 209A Order. If this box is checked, the defendant will see that:

1. the court will decide about child support at the next hearing and
2. he must bring financial information to court.

You will need to file the Plaintiff's Affidavit in Support of Request for a Child Support Order.

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

The filing fee for a Complaint for Divorce  is $215.00 (including a $15.00 surcharge).

The filing fee for a Complaint for Separate Support  is $115.00 (including a $15.00 surcharge).

There is no filing fee for a Complaint for Support of Spouse or Child  or for a Chapter 209A Complaint for Abuse Prevention Order  ("restraining order").

The blank summons that you fill out and serve on the other parent costs $5.00.

Deputy sheriffs charge $35.00 to $40.00 to serve the complaint and summons.

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 that, 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.