The Massachusetts CJD 400 motion form is the general-purpose request you file in Probate and Family Court when you need a judge to issue a specific order before your case ends — temporary child support, a change to parenting time, permission to relocate, and similar interim requests.1Mass.gov. Probate and Family Court Motion CJD 400 Getting a hearing scheduled depends less on the form itself than on the documents you attach and how you serve the other side.
When the CJD 400 Is the Right Form
Use the CJD 400 when you need a court order and no specialized form exists for your request. You can download it from the Probate and Family Court forms page on Mass.gov, generate it through the Trial Court’s online form tool, or pick up a blank copy at the clerk’s office in the county handling your case.2Mass.gov. Probate and Family Court Forms
Some requests have their own dedicated forms, and using the CJD 400 instead will slow you down or get your filing rejected. If you are asking the court to enforce an existing order because the other party has violated it, that is a contempt action and uses the Complaint for Contempt (CJD 103), not the general motion form.3Mass.gov. Probate and Family Court Complaint for Contempt CJD 103 Scan the full forms list on Mass.gov before you start writing.
What to Assemble Before You File
The motion form travels with a small packet of supporting documents. Missing any of them is a common reason the court declines to schedule a hearing.
A Sworn Affidavit
The Massachusetts Rules of Domestic Relations Procedure require motions to be supported by a written statement of facts signed under the penalties of perjury.4Mass.gov. Domestic Relations Procedure Rule 7 – Pleadings Allowed, Form of Motions This affidavit is where you actually tell the judge why you need the order. Use concrete facts: dates, events, dollar figures, and how the current situation is affecting you or your children. Most judges read the affidavit before taking the bench, so argumentative or vague language works against you.
A Current Financial Statement, If Money Is Involved
If your motion touches child support, alimony, or any other financial issue, file an updated Financial Statement with the packet. Which version you use depends on income. Annual income under $75,000 means the short form, CJD 301S.5Mass.gov. Probate and Family Court Financial Statement Short Form CJD 301S Income of $75,000 or more means the long form, CJD 301L.6Mass.gov. Probate and Family Court Financial Statement Long Form CJD 301L Filing the wrong version, or skipping it, is one of the fastest ways to have your hearing continued.
A Rule 9C Certificate
The Supplemental Rules of the Probate and Family Court require you to try to resolve the dispute with the other side before bringing it to a judge. You document that effort on a Rule 9C Certificate, which states the date and time you contacted (or attempted to contact) the opposing party and whether you reached any agreement.7Mass.gov. Massachusetts Supplemental Rules of the Probate and Family Court A phone call is enough; an in-person meeting is not required. But you do need to make a real attempt and record it with specifics. The court can refuse to hear your motion if this certificate is missing.
Filling Out the Form
The CJD 400 asks for information you already have from your existing case file:
- Case name, with the plaintiff and defendant listed exactly as they appear on the original complaint.
- Docket number assigned when the case was first filed. Every document must carry this number or the clerk may reject it.
- Division, meaning the county where your case is pending. Pleadings go to your local division, not to the court’s administrative office in Boston.8Mass.gov. Probate and Family Court
- Relief requested, written as a clear and specific statement of what you want ordered. “Temporary child support of $X per week” is useful; “address financial matters” is not.
The bottom of the form contains a Certificate of Service. Leave that section blank until after you serve the other party, then come back and record the date and method you used.
Filing the Packet
Once the CJD 400, affidavit, Rule 9C Certificate, and any required Financial Statement are ready, file them together with the clerk’s office. You have two options.
In Person
Bring the originals and at least one copy to the clerk at the Probate and Family Court division handling your case. The clerk date-stamps your copies and returns them. Call ahead to confirm hours and ask about any local procedures; some divisions use dedicated motion windows or drop-off systems.
Through eFileMA
Probate and Family Court accepts electronic filings through eFileMA, the state’s online portal.9Mass.gov. eFiling in the Probate and Family Court Create an account at efilema.com, select your court division and docket number, upload the documents as PDFs, and pay any fee online. The system issues a timestamped confirmation, which is useful if the filing date is ever disputed. Tutorials are available for first-time users.
Serving the Other Party
Filing with the clerk is only half the job. You also have to deliver a copy of the motion and every attachment to the opposing party, or to their attorney if they are represented. Under the Massachusetts Rules of Domestic Relations Procedure, acceptable methods include:
- Hand delivery to the person, or leaving a copy at their office with someone in charge, or at their home with a person of suitable age and discretion.
- Mail to the person’s last known address. Service by mail is complete when you drop the envelope in the mail.
- Email, but only if both sides have agreed to email service. A self-represented party cannot be served by email unless they have consented in writing.
Timing matters. Service generally has to happen at least seven days before the hearing so the other side has time to respond. If you hand-deliver documents after 4:00 p.m., an extra day gets added to any time computation under the rules.10Mass.gov. Domestic Relations Procedure Rule 6 – Time Once service is done, go back and complete the Certificate of Service on the CJD 400 with the date, method, and address.
Fees and Fee Waivers
Most motions carry a filing fee. The amount depends on the type of motion and the underlying case, and some filings add a surcharge or per-summons charge. The Probate and Family Court publishes the full fee schedule on Mass.gov; check it before you go so the clerk doesn’t send you back for the right amount.11Mass.gov. Probate and Family Court Filing Fees
If you cannot afford the fee, submit an Affidavit of Indigency at the same time as your motion.12Mass.gov. Court Forms for Indigency – Waiver of Court Fees Eligibility is based on Poverty Threshold Guidelines that consider household size and income.13Mass.gov. Court Filing Fees and Payment Information The clerk processes the waiver and the motion together.
What Happens at the Hearing
After the clerk accepts your packet, the court assigns a hearing date. Both sides appear before a judge. The person who filed the motion speaks first, walking the judge through the affidavit and stating what order is needed and why. The other side then responds. Hearings often run 10 to 15 minutes because the judge has already read the paperwork.
The judge may rule from the bench or take the matter under advisement and issue a written decision later, usually within days to a few weeks depending on how complex the issue is.
Remote Hearings
Many Probate and Family Court hearings are held by Zoom.14Mass.gov. Massachusetts Trial Court – Guide to Remote Hearings Treat a remote hearing exactly like an in-person appearance: professional dress, a quiet and well-lit space, a stable internet connection, and video on when possible. Recording or photographing the hearing without the judge’s prior permission is prohibited. If you lack internet or phone access, let the court know when you receive the notice; some courthouses have Zoom rooms, and participating public libraries offer remote court access.
Two Situations That Might Affect Your Timing
If the other party has filed for bankruptcy, you may still be able to proceed. Federal law carves out broad exceptions to the automatic stay for domestic relations matters, including divorce proceedings that don’t divide bankruptcy estate property, child custody, visitation, paternity, domestic violence cases, and motions to establish or modify child support or alimony. Enforcement tools like income withholding, driver’s license suspension for unpaid support, and attachment of tax refunds by child support agencies are also exempt.
If you or the other party is on active military duty, the Servicemembers Civil Relief Act lets the service member request a stay of at least 90 days. The stay is not automatic. The service member has to file a motion that includes a statement explaining how military duty prevents attendance, an estimated date when they could appear, and a letter from the commanding officer confirming unavailability. The court can grant further extensions beyond the initial 90 days.