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The Details of Get a child support order
What you need for Get a child support order
To get a child support order, you need to file a complaint (a written request of what you're seeking) in court. Start in the Registry of the Probate and Family Court for the county where you live.
If you're married to the other parent
If you're married and seeking a divorce, you file where you last lived together with your spouse if at least one of you still lives in that county. If you've both moved from the county where you last lived together, then you can file in the county where either you or your spouse now lives.
- If you're seeking a divorce, see divorce for information and forms.
- If you want to file for separate support but don't want a divorce, see separate support for information and forms.
If you aren't married to the other parent
If you aren't married to the other parent the other parent hasn't signed a voluntary acknowledgement of paternity (a legal form signed by the mother and father, acknowledging they are the parents of the child) or been determined by a judge to be the parent, file a Complaint to Establish Paternity (CJD 106) in the county where the child lives. See Instructions: Complaint to establish paternity for more information.
If you aren't married to the other parent but paternity has been established by a voluntary acknowledgment or a court judgment, you must file a Complaint for Custody, Support, Parenting Time:
Required at initial filing for Custody, Support, Parenting Time:
- Complaint for Support-Custody-Parenting Time (CJD 109)
- 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 for Custody, Support, Parenting Time:
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 Birth Certificate OR signed Voluntary Acknowledgment of Parentage Form OR Certified Copy of Adjudication of Parentage
- Strongly recommended at time of initial filing
- If child support is being addressed:
- 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.
Special circumstances
Regardless of whether you're married or unmarried, you may also need to file:
- The Motion for Temporary Orders (CJD-400) (i.e. child custody, child support, spousal support, etc.) if you need a court order quickly. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain to the judge what happened and when, and a Proposed Order. See Request an immediate child custody or parenting time order for more information.
- The Affidavit of Indigency and Supplement if you can't afford the fees. See indigency (waiver of court fees) for more information.
Fees for Get a child support order
For more information on paying fees and what to do if you can't afford them, see information on Indigency (waiver of court fees).
Name | Fee | Unit |
---|---|---|
Filing fee | $100 | each |
Surcharge | $15 | each |
Summons | $5 | each |
How to file Get a child support order
File the forms at the Probate and Family Court county where you live.
File the forms at the Probate and Family Court county where you live.
You can eFile for Custody, Support, Parenting Time online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.
Next steps for Get a child support order
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Serve your papers on the other parent
When you file your complaint, you'll receive a summons (a court form that notifies the other parent of what you have filed) from the court. Make copies of your complaint and the summons to keep for your records. You will then need to notify the other parent through Service of Process.
The constable or deputy sheriff will deliver the complaint and summons to the other parent and prove the delivery by signing the back of the summons and explaining how the non-custodial parent was served (for example “in hand”). This is called a return of service. The constable or sheriff will return it to you by mail. They may charge a service of process fee, which can vary.
You must file the return of service with the court as soon as you can. The court can't make a support order unless the proof that the other parent was served has been filed with the court.
File for temporary orders
Next, if you're trying to establish a child support order quickly, you may file a motion for temporary orders at the court. Use the Motion (CJD 400) form and list what orders you want from the court. Ask court personnel for possible dates for a hearing on your motion. Mail a copy of the motion and notice of the hearing date to the other parent.
Each parent must file a financial statement. A financial statement is a court form that requires you to list your income, expenses, what you own, and what you owe.
More info for Get a child support order
To get a copy of your child support order, contact the Probate and Family Court that issued it.
Contact for Get a child support order
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