Separate Support

(M.G.L. c. 209c)

A complaint for child support may be filed in the Probate and Family Court if the parties are married and no current support order is in effect.  This complaint may be filed by the spouse seeking support, or on behalf of the child in need of support.  The complaint may also be filed by the Child Support Enforcement Division of the Massachusetts Department of Revenue (DOR).  A person may request the assistance of the Child Support Enforcement Division whether or not that person is receiving public financial support from the Department of Transitional Assistance.  This assistance is available only when requesting child support.  If the person requesting the assistance of the Child Support Enforcement Division is receiving public financial support, the DOR may request reimbursement for the public funds spent on behalf of the person seeking support. 

The complaint can be filed in the county where either spouse lives, unless the complaint seeks support for a minor child not living with either parent.  In that event, the complaint must be filed in the county where the minor child lives.