There are three types of complaints that could be filed in a Massachusetts Probate and Family Court to resolve the matter of child support, which one you should use depends upon your circumstances. Attorney Gaudet can assist you in finding the correct path to take, and in navigating the court, dealing with your spouse or their attorney, and other issues related to child support specifically and family law in general.

Below you will find the three types of complaints that will be filed to address child support for a married couple living in Massachusetts depending upon your unique circumstances:

1. Complaint for Divorce
   If you are currently married to the parent of the child or children in question, and you want a divorce, then filing for divorce is one way of receiving a child support order from the court. Attorney Gaudet will request a detailed breakdown of your income, assets, liabilities, and expenses at a minimum to determine the best method of proceeding in any divorce matter. But, most importantly, once a complaint for divorce has been served upon the other spouse, temporary orders for child support can be requested by motion and a hearing will be scheduled to address child support at that time.
   
   
2. Complaint for Separate Support
   Sometimes, a married couple will not want a divorce, but one party requires child support. In these instances, there are often other matters like parenting time, visitation, custody, etc., that need resolution. A complaint for separate support is the method that is used to address child support while at the same time dealing with these other pressing matters.
   
   
3. Complaint for Support of Spouse or Child
   At other times, a married couple only requires child support order from the court. In these cases, a simple complaint for support of spouse or child will usually suffice.

Next Steps

Once the type of complaint to be filed has been determined, our office will take the next steps towards acquiring a child support order to assist you in the care of your child or children. The steps to receiving a child support award in Massachusetts are:

1. Serve the Complaint – the complaint will be served by sheriff or constable to your spouse, and a proof of service document will be returned to our office and filed with the appropriate Probate and Family Court electronically.

2. Motion for Temporary Child Support – in most instances it will be possible to file a motion with the court to request an order for child support immediately instead of waiting until the hearing on the original complaint. Attorney Gaudet will accompany you to the hearing to assist you in this matter. This motion will establish interim child support (child support until the final hearing in the case) until a permanent child support order can be made by the court.

3. File Financial Statement and Child Support Guidelines – these two documents can make or break a case. Full disclosure is required in the preparation and presentation of these documents to the Probate and Family Court. Attorney Gaudet will guide you through the process of completing these forms accurately.

4. Attend the Hearing – The temporary child support motion will result in a hearing on the financial circumstances of each party and any other relevant factors that a judge may consider when making an initial child support order in Massachusetts. Attorney Gaudet will attend the hearing on temporary child support with you at the Probate and Family Court in which you filed the original complaint.

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