Guideline 4:03
Orders issued in the course of ex parte hearings should not ordinarily include terms of support or compensation for damages. Claims for such relief should be considered at the hearing after notice. The fact that the plaintiff is requesting such relief should be indicated on the complaint and also on the ex parte order so as to provide notice to the defendant that the issue will be addressed at the hearing after notice. The court should check the appropriate box on the Order which notifies the defendant that, at the next scheduled hearing, testimony will be heard and evidence considered on the issue of support for the plaintiff and/or minor child(ren) and that the defendant is ordered to bring to that hearing any financial records that provide evidence of the defendant’s current income.
Commentary
There are several significant difficulties with ordering support and compensation on the ex parte order. First, it is unlikely that the court will obtain adequate information in an ex parte hearing to make an informed decision in these matters, which can require substantial fact finding and testimony from both sides. The hearing after notice provides a more appropriate forum for such fact finding. Second, even if an order for support or compensation were issued, it is not likely to be enforced prior to the expiration of the ex parte order. In fact, attempts by the plaintiff to demand payment from the defendant before the hearing after notice could be the occasion of further danger of abuse.
The plaintiff should never be discouraged from seeking support or compensation, but should be told that the court will consider these issues at the hearing after notice, when the defendant has an opportunity to be heard. See Guideline 6:00 Initial Orders After Notice: General and Guideline 6:05B Support Orders.
In determining the support amount, the judge will need to obtain from the parties the weekly amounts of gross income, childcare costs, health insurance costs, dental and/or vision insurance costs, and other support obligations. The plaintiff should be told to bring this information to the hearing after notice and can be provided with the Plaintiff’s Affidavit in Support of a Request for a Child Support Order to fill out and bring to the next hearing. Further information about how to calculate support amounts can be found on Mass.gov by searching “Child Support Guidelines.”
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|