- This page, File for separate support, is offered by
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- Massachusetts Court System
File for separate support
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The Details of File for separate support
What you need for File for separate support
You can file for separate support if you're married and your spouse has failed to support you, has deserted you, you and your spouse are living separately for “justifiable cause”, or you and your spouse have “justifiable cause” to live apart, but are still living together. “Justifiable cause” includes things like abuse, adultery, and desertion.
Probate and Family Court Uniform Guide to Filings
Required at initial filing:
- Complaint for Separate Support (CJD 102)
- Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child. You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child. See Trial Court Rule IV for more details.
- Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases. See Trial Court Rule IV for more details.
- If plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
Additional filings:
These forms are not required at initial filing. These forms may need to be filed before the court can give you a hearing date or have your case heard by a judge. The division where you file can help answer questions on when these forms should be filed.
- Certified Copy of Marriage Certificate
- Strongly recommended at time of initial filing
- Financial Statement
- Military Affidavit when the defendant does not file an answer or appearance, or not appear on the hearing date. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.
Please note: Under M.G.L. c 209, § 32F, the court can’t order child custody or the transfer or sale of the home you own. However, if you file under this law, you should file a Complaint for Support pursuant to G. L. c. 209, § 32F (CJD-107). This form would be filed instead of the Complaint for Separate Support (CJD-102).
Fees for File for separate support
There are also fees for separate support procedures. In addition to the listed fees, you may also be responsible for fees due to your local sheriff or constable for service. This will depend on your local Probate and Family Court.
Local courts differ on the type of payments (cash, check, credit card, etc.) that they will accept. Call your court to find out which methods of payment are accepted in that location.
If you can’t pay the filing fee because you’re indigent, you can request to have the fee waived. See Indigency (waiver of court fees) for more information.
Name | Fee | Unit |
---|---|---|
Filing Fee | $100 | each |
Surcharge | $15 | each |
Summons | $5 | each |
How to file File for separate support
You can file in the Probate and Family Court in the county where either you or your spouse lives. However, if you left the home you lived in as a couple, you must file in the county where your spouse lives.
You can mail you paperwork to the Probate and Family Court in the county where either you or your spouse lives. However, if you left the home you lived in as a couple, you must file in the county where your spouse lives.
Next steps for File for separate support
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Serve papers on your spouse
After you’ve filed, you need to let your spouse know that you’ve filed. To do this, you have to arrange for them to be served with a copy of the complaint that you filed (the “notice”) and a “domestic relations summons”. These are papers that tell your spouse what happened and what will happen next. The court will give you the notice and summons when you file your papers, but you need to arrange to have the papers “served.” See Service of process of domestic relations complaints in Probate and Family Court for more information.
Attend the mandatory co-parenting education program
All parents where there is no agreement on custody and/or parenting time of their minor children must attend the four-hour online co-parenting course “Two Families Now” unless a Judge waives the requirement.
Parent Education: Notice to Parents for Mandatory Co-Parenting Education Course
If you think you should not be required to attend the parent education course you can file Motion to Waive Attendance at Two Families Now Co-Parenting Education Course and provide notice to the other side by sending them a copy.
More info for File for separate support
The judge will read through your papers and make a decision. They may ask you questions in court. The judge will look at your income, your spouse’s income, the number of people you’re supporting, and what expenses you have. They will use the Child Support Guidelines to help reach a decision. The judge can order support for you or your child, as well as medical support for you or your child. The judge can also order the transfer or sale of a house you or your spouse owns.
Downloads for File for separate support
Open PDF file, 1.38 MB, Child Care or Custody Disclosure Affidavit (English, PDF 1.38 MB)Open PDF file, 1.35 MB, Supplemental Child Care or Custody Disclosure Affidavit (English, PDF 1.35 MB)Contact for File for separate support
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