How to file for child support if you are married to the other parent

You must fill out the right forms. You can get help filling out the forms.

You can:

• Pick up the forms you need at any Probate and Family Court, or
• Download the forms from the Probate and Family Court website.

Also, the Department of Revenue Child Support Services Division (DOR/CSS) can prepare the court forms and file them. To learn more, see Getting help with child support from DOR.

Important
If you do not feel safe because of the other parent, you can ask the DOR for help. Tell the DOR you do not feel safe and that you do not want the other parent to know where you live. Learn more at Domestic Violence and Child Support. 

After you fill out and file the right forms, you will go to a court hearing. At the hearing, the judge decides about child support by making a Child Support order. A Child Support order says how much a parent must pay for child support. It says when to pay, how often, and for how long. The Child Support Order is in writing and signed by the judge.

File a Complaint for Divorce if:

1. You are married to the other parent,
2. You want a divorce from that parent, and
3. You need child support.

File a Complaint for Separate Support if:

1. You are married to the other parent,
2. You do not want a divorce, 
3. You need child support, and
4. You also have issues like custody or parenting time.

File a Complaint for Support of Spouse or Child if:

1.  You are married, and
2. All you need from the court is child support.

File your case by taking the complaint form and other forms to the clerk’s office at the Probate and Family Court in the right county.

Complaint for Divorce

If your spouse still lives in the county where you last lived together, you must file your case in that county. If not, you can file

• in the county where you live, or
• where your spouse lives.

Complaint for Separate Support

If your spouse still lives in the county where you last lived together, you must file your case in that county. If not, you can file

• in the county where you live, or
• where your spouse lives.

Complaint for Support of Spouse or Child

File

• in the county where you live, or
• where your spouse lives.

Take the forms to the court clerk. The clerk will give you a “Domestic Relations Summons”. This is a court document that tells the other parent that you have filed a case in court, and by what date they must let you and the court know that they will come to court to take part in the case. The Summons also tells the other parent that the court can make a decision even if they don't come to court.

The court can only decide your case after the other parent gets the summons. Take the summons and a copy of all the papers you filed to a deputy sheriff or constable. They will deliver the summons to the other parent. This is called "service of process."

You need to pay the sheriff or constable unless the court approved your Affidavit of Indigency. 

After the sheriff or constable serves the papers, they fill out the section of the summons called the "Proof of Service". The proof of service shows that the papers were delivered. Then they give the original summons, with the "proof of service," back to you.

Make a copy of the signed Domestic Relations Summons for your records. Take the original summons back to the court clerk. This is called "return of service."

 Fill out a Financial Statement. The Financial Statement is an extremely important court paper. You must tell the truth about all your income and expenses. When you sign the Financial Statement, you swear that what you write is true. Bring the Financial Statement to the court hearing.

Before a final trial date, the court will probably schedule hearings called case management conferences and pre-trial conferences. At these hearings the judge will see if the case can be settled by having you meet with probation officers. For a pre-trial conference you might have to write something.

If you do not go to the final trial on the scheduled date, you might lose your case.

Yes. When you file for a restraining order, you can ask for a child support order. It does not matter if you are married to the other parent or not.

You can ask for a child support order on the same form you use to ask for a restraining order. See the Complaint for Protection from Abuse, G.L. 209A.

If you have been abused, filling out this form helps you get child support quickly. If you have some financial support, it might be easier to separate from an abusive person.

You can file a case to get child support with a restraining order in a District Court or Boston Municipal Court as well as in a Probate and Family Court.

See How to ask for child support in a 209A Restraining order case.

Most complaints about child support have fees to file and serve.

Complaint for Divorce

All together costs $255-$290:

• $215 filing fee that includes a $15 surcharge.
• $5 for the blank summons you fill out.
• $35 to $65 for a deputy sheriff or constable to serve the complaint and summons.

Complaint for Separate Support

All together costs $155-$190:

• $115 filing fee that includes a $15 surcharge.
• $5 for the blank summons you fill out.
• $35 to $65 for a deputy sheriff or constable to serve the complaint and summons.

Complaint for Separate Support of Spouse and Child

All together costs $40-$70:

• No filing fee.
• $5 for the blank summons you fill out.
• $35 to $65 for a deputy sheriff or constable to serve the complaint and summons.

Complaint for Protection from Abuse

It costs nothing to file and serve a restraining order, the Complaint for Protection from Abuse:

• No filing fee,
• Restraining orders do not have a summons.
• The police serve these orders. There is no charge.

If you are low-income, you may be able to have the state pay the cost of filing and serving your case by filing an Affidavit of Indigency.

Learn more at  Affidavit of indigency if you can't afford Massachusetts court costs. 

 

Keep a copy of the Affidavit for your records.

You do not have to wait until you get a divorce, separate support or until your complaint for support of spouse or child is finished to get child support.

If you are in the middle of a divorce, separate support, or complaint for support of spouse or child case, you can file a “Motion for a Temporary Support Order” (CJD-400). When you file the motion, schedule a hearing with the court clerk.

You must serve the other parent with a copy of the temporary motion that says when and where the hearing is. If you file the temporary motion at the same time as you filed for divorce, separate support or complaint for support of spouse or child, you can give it to the sheriff or constable serving that complaint. If you file the temporary motion later, make service by mailing it to the other parent.

At the hearing on the temporary motion, the judge decides if you need child support while your other case is settled. If the judge decides you need child support right away, they will make a temporary order of support.

The temporary order lasts until the court changes it, or until the divorce, separate support or complaint for support of spouse or child  case ends.

See more at What can I do if I need an order right away (temporary order).
 

If you do not know where the other parent is, you can ask the DOR to file a complaint for child support for you. The DOR can help find the other parent.

Learn more about getting help from DOR.

Or, you can ask the court for permission to serve the other parent in a different way, like putting a notice in a newspaper.   See Alternate service.

A lawyer

A lawyer can prepare and file your court papers. A lawyer can also represent you in court.  You might choose to get a lawyer if you think that the lawyer will do a better job than you in court. See Find A Lawyer.

DOR

You can ask the Department of Revenue Child Support Services (DOR/CSS) to file for child support for you. Call DOR at 1-800-332-2733 or apply for DOR Child Support services online.

The DOR will give you forms and instructions. Fill out the forms and send them back to the DOR. The DOR looks at your financial information and the other parent’s financial information. The DOR puts the paperwork together and files your complaint.

Remember that the DOR:

• Can take a long time to process your paperwork,
• Cannot file a complaint for you if your child is more than 17 ½ years old, and
• Is not your lawyer. The DOR may not handle your case the way you would like.

File the papers on your own

You can file the papers and go to court on your own. You can ask the Court Service Center or a Lawyer for the Day at a Probate Court for help filling out the papers.