The short answer is yes, you can. Child support in Massachusetts is available even when the parents of that child are not married. There exist two routes to take in cases where parents of a child in Massachusetts are unmarried, and Attorney Gaudet will assist you in determining, which is best, but here are the ground rules:

Option 1: If the other parent has not acknowledged that they are the father by signing a Voluntary Acknowledgment of Paternity and there has been no judgment by a court stating declaring a father of the child, then our offices will file a Complaint to Establish Paternity for you.

Option 2: If the other parent has signed a Voluntary Acknowledgement of Paternity or a court has named a father of the child, then, a Complaint for Support, Custody, and Parenting Time will be filed by our office.

Putting the Plan into Action

Once a determination is made as to which type of complaint to file to get the child support order underway, our firm will take these next steps on your behalf:

1. File an Affidavit of Indigency (if applicable)
   Sometimes a client does not immediately have the funds to handle anything beyond a retainer fee. When this occurs, we file an affidavit of indigency with the court to request waiver of service and court fees.
   
2. Serve the Complaint
   A summons will be served on the other party to the case by a sheriff or constable, and once proof of service has been returned by the sheriff or constable that document will be filed with the appropriate Massachusetts Probate and Family Court.
   
3. File the return of service, that is, the proof that the sheriff or constable has served the other party with the complaint.
   
4. Motion the court for a Temporary Support Order and hearing date on that motion. Attorney Gaudet will accompany you to the Probate and Family court to explain the motion that request the court order child support.
   
5. Financial Statement and Child Support Guidelines Worksheet preparation are two key items that will assist the court in making a child support determination in Massachusetts. These documents are key because they demonstrate to the court your ability to contribute to the care and support of the child or children for whom the child support order is sought. Full disclosure on these documents is important for both sides, and failure to complete these documents completely and honestly can result in the in a judge exercising discretion to increase child support awards. Please contact our office to assist you with the completion of these critical documents.

When Can I File for Child Support?

Understand that when the complaint (of either type) is filed with the court, there will be a significant waiting period until the hearing date. While there are occasions where it may be advantageous to wait until the hearing date to determine child support, this is often not the case and a temporary support order will need to be placed before the court by motion.

In order to ‘qualify’ for such a temporary support order, two factors must be satisfied: (1) the case must include parenting time or custody and be likely to take some time to come to a conclusion, and (2) the father has been determined either by a signed Voluntary Acknowledgement of Parentage form or by a court proceeding. When both of these factors have been satisfied, a motion for Temporary Child Support can be filed at any time in the case once the complaint has been served.

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