If you wish to include child support in a 209A protection order, you should:

1. Decide in which court you will file your child support petition with a 209A order.
2. Decide whether you will receive support through the Division of Collections Support Collection Assistance (DOR/CSE).
3. On the Violence Protection Complaint Form, check box 7 on page 1 and complete any additional forms required.
4. Be aware that the judge will most likely not hear the child support order at the first hearing. The first hearing is the hearing the court sees when you come for an emergency order and the defendant has not yet been notified of the case. In this case, you will need to return to the court to participate in a second hearing, the so-called "ten-day" or "long" hearing. nine0012
5. At your second hearing, be prepared to explain your reasons for filing child support.
6. You need to be prepared to know how to answer the judge if the judge asks you to go to another court.

How can a 209A order help keep you safe?

Getting child support as part of a 209A protection order can help keep you and your children safe because:

• It will help you manage and care for your children yourself; nine0012
• This will help you pay for the costs of things for children in case of violence or abuse;
• This will help you get support faster than if you filed a separate support case;
• You will not have to deal with the abuser in court as if you were filing a separate child support case;
• The abuser will not be able to contact you to discuss child support;
• The Division of Collections Support Assistance (DOR/CSE) can collect child support from the abuser in your favor: nine0028
• The abuser can pay directly to the department, or
• Child support may be collected directly from the abuser's salary and transferred to the department in your favor; and

The abuser will not need to know where you are.

Which court should I apply to?

Any court that hears 209A cases may issue a child support order in conjunction with a 209A protection order. District Courts, Boston City Courts, or the Registry and Family Courts may administer 209 cases.A. If you have time to decide which court to apply to, consider:

• Which court is the safest for you;
• Which court is easiest to get to;
• The fact that the Civil Status and Family Courts more often than require the completion of more complex questionnaires; and
• What you need to be prepared to know how to answer the judge if a District Court or Boston City Court judge asks you to go to the Civil Status and Family Courts. nine0012

What forms do you need?

When you file a request for child support as part of a 209A protection order, you fill out all of the same forms you need to fill out when you apply for a 209A order, plus a few more. Forms to fill out:

1. Page 1 Complaints for Protection from Violence (Code 209A),
2. Page 2 Complaints for Protection from Violence (Code 209A) - Children's Cases,
3. Complainant Privacy Form,
4. Defendant Data Form
5. Plaintiff's Statement in Support of Support Request,
6. Support Compliance Calculation Form,
7. If you are filing with the Civil Status and Family Courts, you may also need to complete:
   1. Financial report,
   2. Petition and application for exemption.

What are these questionnaires for?

Page 1 Complaints about protection from violence (C.Z. s. 209A)
Section J of the form begins with the words: "Why do I ask the court ..." . Check all boxes that apply to why you are asking the court. If you are filing for child support, check box 7. Item 7 tells the judge that you are also filing page 2 of the complaint form. Page 2 is about children.

Page 2 Complaints for Protection from Violence (C.3. 209A)
begins with "Child Matters". To apply for maintenance, check the box in section F. TEMPORARY SUPPORT . Section F is at the top of the page. See sample page 2 for an F which means this is a request for temporary support.

Plaintiff's statement in support of a support request. You are the plaintiff. Your abuser is the defendant.

This form tells the judge all the information it needs to know about your income, the defendant's income, and expenses. Support Application - New 2012 Form When you sign this form, you must swear that you are giving the correct testimony to the court. nine0007

Complainant privacy form. By completing this form, you are letting the court know whether your details, such as your address and phone number, will be kept confidential and not shared with the defendant.

Respondent data form. This form is needed in order to notify the police on how to find the defendant.

Form for Compliance with Support Rules
Judges are required to follow certain rules when calculating child support. These rules are called the "Alimony Rules". In the calculation form, the parent who will have to pay child support is called the "payor". If your child lives with you and you are the parent who receives support, you are a "recipient". nine0007

At the end of the form, you will find a heading, "Child Support Guidlines Chart". This table establishes the amount of "joint support" that must be entered in line 2(a) of the calculation form. The online form calculates this amount automatically.

Financial report. To be completed only if you are filing with the Civil Status and Family Court.

If you are filing for a 209A protection order, you may you will need to complete the Financial Report. See How to Complete a Financial Statement. The Respondent will also be required to complete a Financial Statement.

To prevent the respondent from learning personal information about you that could endanger you:

• Do not include your address; telephone number; the name of the employer; work address, and work phone number on the Financial Statement.
• You may also need to keep other personal information confidential. In such a case, complete and file the Petition and Withdrawal Application, and the judge will therefore withhold your confidential information from the defendant. nine0012

Review basic information about 209A protection orders.

Some forms already provided as images:

• • Sample Complaint for Protection from Violence (Code 209A) with application (page 1)
  • Sample Complaint for Protection from Violence (C. 209A) (page 2)
  • Sample Claimant's Application for Support Request
  • Sample Complainant Privacy Form
  • Sample Defendant Data Form
  • Sample Petition and Application for Withdrawal

What to do if the husband does not pay child support by court order

If the husband does not pay alimony voluntarily, then you should go to court, get a writ of execution and send it to the enforcement service at the place of residence of the defendant, i.e. the father of the child. When there is no court decision yet, then first you need to file a statement of claim or an application for a court order. A family lawyer can help you prepare these documents correctly. nine0007

Maintenance

1. What to do if the husband does not pay child support by court order
2. Control of the executor (bailiff)
3. Initiation of a criminal case.
4. Other methods

Control of the executor (bailiff)

If alimony has not started to arrive, then you should act actively, otherwise you may never see it.

First you need to go to the bailiff. and present executive documents for collection. How to find out the debt of your debtor in the future, you can read here. Complain that alimony is not being received, life is difficult and ask what he is going to do and did in order to collect alimony. And write everything down on a piece of paper. This will be needed later. nine0007

If you travel far, then, in principle, you can write a letter on your own behalf, in which you indicate: the names and surnames of the parties, the No. of the enforcement proceedings, the essence of the case, the No. of the court decision. And notify that alimony has not yet been received, and you are asking to take action. In simple writing, send this letter with registered notice. This behavior of yours will make it clear to the bailiffs that you are in control of everything, and if anything, you will complain. After that, it is necessary to give the performer time to fulfill his official duties. Wait a month or two. If after that the alimony has not started to arrive, then we proceed to the next steps. nine0007

Again, you need to pay a visit to the bailiff who is handling your case and complain again that life is very difficult, alimony is not received. It is possible that the performer may be in collusion with the alimony payer so that the case does not move forward. So you need to check some things. You can go to the bailiff yourself or contact an enforcement lawyer.

You need to check whether the bailiff has made inquiries at the debtor's place of work about his income. If the payer does not have an official job, then whether a request has been made to the tax service about the possible receipt of taxes from him. And according to these data, it is possible to calculate where the alimony payer officially or unofficially works. nine0007

In addition, it should be checked whether information about the movable and immovable property of the debtor has been received and whether they have been seized. If not, then be sure to ask the performer to make appropriate requests. And after receiving the answers, be sure to seize the property of the alimony payer. You can also ask the contractor to issue an appropriate decision to restrict the debtor from crossing the border due to non-payment of alimony. This works very effectively, especially if the debtor is a seafarer or his work involves frequent border crossings. nine0007

In addition to all this, you must personally send a letter to the debtor with a request to pay alimony. In this letter, you must indicate the amount of child support owed and the request to pay it. And point out the difficult living conditions. Such letters should be sent to the debtor every month, no matter how stupid it may seem.

At the next visit to the executor, you need to take a camera or a good mobile phone with you and familiarize yourself with the materials of the enforcement proceedings, while photographing all the sheets of the case. It must be remembered that in this case you are a party (collector) and therefore have the right to familiarize yourself with the enforcement proceedings. And also to appeal against illegal actions or inactions of the bailiff. nine0007

In order to be able to get acquainted with the materials, you need to write the appropriate application, in which you indicate that you want to make photocopies of the file. And you are obliged to provide such an opportunity. This is done so that you subsequently have the opportunity to appeal against the actions of the performer or his inaction. If you have a reasonable suspicion that he is colluding with the debtor.

If, despite all these actions, you still do not receive alimony, then you need to use more serious methods of influence. The strongest of them is the initiation of a criminal case. nine0007

Initiation of a criminal case.

If the debtor does not pay alimony for more than three months without a good reason, then there are grounds for initiating a criminal case for malicious non-payment of alimony. To do this, you need to apply to the bailiffs with a statement about the desire to bring the debtor to criminal liability for malicious non-payment of alimony. And the performer, at your request, prepares all the materials and sends a statement to the police. But at the same time, we want to draw attention to the fact that you need to think about the future of the child. It is not known whether it will be good if there is a convicted father in the child's biography. This may spoil his future possible career in the state security agencies, the courts, or somewhere else where the father's criminal record can play a decisive role. nine0007

In addition to bringing to criminal responsibility, there are other methods.

Other methods

If the amount of debt has grown to a significant amount that can be compared with the price of a car, motorcycle, or even real estate, then you can seize this property and demand that it be sold at auction.

For this, it is necessary that the bailiff calculate the entire amount of the debt and also the penalty. The penalty is 1% of the amount owed for each day of delay. The total amount of the penalty cannot be more than the amount of the debt itself. nine0007

After that, when you hit the amount, you need to apply to the court to collect the debt on alimony and fines. Having won this case, and having received a writ of execution, you can seize the debtor's property already under this writ of execution. And demand its execution by selling the debtor's property at auction.

And this is where a stack of letters with evidence of sending to the debtor that you ask the debtor to pay alimony every month, say that it is difficult to live, and that the amount of alimony is a certain amount, will be very useful to you. And you ask her to pay. And by submitting 15-20 such letters to the court, believe me, you will change the inner convictions of the court. And the claim will be much easier to win.

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