CHILD CUSTODY AND CHILD SUPPORT
To start a case in the Probate Court, you first must file a complaint. There are
several kinds of complaints depending on your situation. After you file your
complaint, you must give official notice to the non-custodial parent that you
have started this case. This is called service of process. After you do service
of process you can request a hearing.
If you need child support right away, you can file a Motion for Temporary Child
Support Orders at the same time you file your complaint. You must also file an
Affidavit and a Proposed Order. If you decide to ask for a temporary child
support order you will need to schedule a separate hearing date. To do this,
when you file your complaint and Motion for Temporary Child Support Order,
contact the Marking Clerk and find out what day that judge is available to hold
a hearing on your motion. It must be at least 10 days from the date you plan to
serve the motion.
Once you have a hearing date, write that date on the bottom of your Motion for
Temporary Child Support under the words "Notice of Hearing and Certificate of
Service."
Then serve the motion, together with your Affidavit, Proposed Order and the
Complaint, to the non-custodial parent by placing it in the mail, having a friend
place it in the mail or by giving it to the sheriff to serve to the non-custodial
parent.
ALTHOUGH YOU CAN REPRESENT YOURSELF, WE WOULD BE HAPPY
TO HELP YOU THROUGH THIS COMPLICATED PROCESS.
PLEASE PHONE OUR OFFICE AT (978) 363-1717 FOR A CONFIDENTIAL
TELEPHONE INTERVIEW.
