How to file Complaints for Support and for Separate Support

Also in
Show Endnotes
By
Massachusetts Law Reform Institute
Reviewed
Reviewed
Text

You do not need to get divorced to get a custody or support order. Sometimes, you may want to stay married, but you need support and health insurance for yourself or your child. You may also need a custody order.

There are two kinds of complaints you can file to get support while staying married. It can be confusing because the complaints have similar names. The main difference between them is that you can only get a custody order as part of a Complaint for Separate Support.

  • You can file a Complaint for Support if you stay married and you need
    • support or health insurance for yourself or your child.
  • You can file a Complaint for Separate Support if you stay married and you need
    • support or health insurance for yourself or your child, and
    • a custody order.

Not ready to file yet? Learn more about the the differences between divorce and separation in Massachusetts.

Widgets
What court do I file in?

There is a Probate and Family Court in each county in Massachusetts.

Complaint for Support

  • If you are only asking for child support, you must file your Complaint for Support in the Probate and Family Court in the county where the child lives.
  • If you want support for yourself as well, you can file a Complaint for Support in the Probate and Family Court in
    • the county where you live or
    • the county where your spouse lives.

Complaint for Separate Support

  • If your spouse still lives in the county where you last lived together, you have to file for separate support in the Probate and Family Court in that county.
  • If your spouse does not live in the same county where you last lived together, you can file a Complaint for Separate Support
    • in the Probate and Family Court in the county where you live or
    • in the Probate and Family Court in the county where your spouse lives.
How much does it cost to file a case?

The Probate and Family Court charges fees for filing and handling certain documents. Check out the Probate and Family Court fee page to find out how much it will cost. As of the January 2024

  • There is no charge to file a Complaint for Support.
  • It costs $115 to file a Complaint for Separate Support.

For both types of complaints, there is a charge of $5 for a summons. Also, deputy sheriffs and constables usually charge $35-$45 to serve the papers on your spouse.

If you cannot afford the costs of filing and serving the complaint, see Affidavit of Indigency if you can't afford Massachusetts court costs.

Can I keep my address secret?

Yes. You can keep your address secret from your spouse if you need to do this to stay safe. File a motion that asks the court to "impound" (hide) your address. Write on the motion form why it is not safe for your spouse to find out where you live. See Protecting your information in Probate and Family Court.

Filing a Complaint for Support or a Complaint for Separate Support

Get the Complaint

Get the Complaint form and instructions from the Probate and Family court website or from any Probate and Family Court in Massachusetts.

If you need child support you will also need a copy of the Child Support Guidelines Worksheet.

Fill out the Complaint and other related forms

Also, if you are asking for child support, fill out the Child Support Guidelines Worksheet. See How to fill out the child support guidelines worksheet.
 

File the Complaint

See which Probate court to file in

Serve the papers

The clerk will give you a Summons. This is an official paper that tells your spouse when they 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 their fees. When the deputy sheriff gives the papers to your spouse, it is called "service of process." Learn more about service of process in Massachusetts.

Wait for the sheriff or constable to return the summons and "Proof of Service" to you

After the sheriff or constable serves the papers, they 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.

Make a "return of services"

Return the signed original summons to the court. This is called making "return of service." Remember to make a copy of the signed original summons for your records.

What happens after I return the summons to the Court?

When you return the summons to the court, the clerk will look up your case to see if any court date has already been scheduled. If you filed a Motion for Temporary Orders, you will already have a court date. If your spouse files an Answer to your Complaint before you return the summons to the court, you will already have a court date.

If no court date has been scheduled, the clerk will schedule a "Case Management Conference". The Case Management Conference will be at least 30 days after you file the return of service but it may be much longer.

What happens at a Case Management Conference?

At a Case Management Conference, the judge can hear the case. They can grant a Judgment of Support, or a Judgment of Separate Support if

  • your spouse has not filed an Answer to your case, or
  • you and your spouse have "settled" the case and the judge approves. "Settling" means that the two of you have agreed in writing about all the things that must be decided in the case. This includes:
    • how much support for you,
    • how much support for your children, and
    • what kind of health insurance you or your children should have and who should pay for it.
  • In a Separate Support case, it also includes who will have custody.

If the court does not grant the Judgment at the Case Management Conference, the court must/will assign the next court date. The next court date could be a Pre-Trial Conference or a trial date.

What happens when I go to trial and get a judgment?

There will be a final hearing, also called a trial. At the trial the judge will decide your case. Even at a trial, you and your spouse can settle the case with a written agreement that you sign and ask the judge to approve. The judge will issue a "Judgment of Support”, or a “Judgment of Separate Support." If the trial took a day or less, the judge must issue the judgment within 30 days of the trial.

A "judgment" is "final." That means that it cannot be changed later on unless there is a "significant change" in your or your spouse's situation. If there is a significant change, and you need a change in the judgment, you can file a Complaint for Modification.

Resource Boxes
More Resources
Help filling out forms
Probate Court: help filling out forms

The Court Service Centers can help you fill out Probate Court forms, by Zoom or in person.

Some Probate Courts have Lawyer for the Day programs. Contact the court directly to see if your court has one.

Learn more about finding a lawyer.

Feedback

Was this page helpful?