COMMONWEALTH OF MASSACHUSETTS 1

THE TRIAL COURT

Suffolk, ss. Superior Court Dept.

Suffolk Division

)
FATHERS AND FAMILIES, INC., )
Et. Al. )
Plaintiffs, )
)
vs. ) CIVIL ACTION No. 09-1069-E
)
Hon. ROBERT A. MULLIGAN, )
in his official capacity, and )
THE JUSTICES OF THE TRIAL )
COURT OF MASSACHUSETTS, )
in their official capacity )
Defendants. )
)

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs hereby move for a preliminary injunction in this matter against the above

named defendants, per the attached proposed injunction. As reason for this request, Plaintiffs

state:

1. The Plaintiffs request a preliminary injunction, enjoining Defendant Robert A. Mulligan, in

his official capacity as Chief Justice of Administration and Management of the Trial Court of

Massachusetts, along with the Judges of all departments of the Trial Court of Massachusetts,

from applying the new Child Support Guidelines, effective January 1, 2009, to any cases

involving child support, pending further order of the Court.

2. Plaintiffs do not seek to change the current child support guidelines which are operative in

Massachusetts, nor to change any current child support order, but to preserve the status quo

ante until the court can make a full ruling on the merits of the issues raised in the Complaint.
3. The Court is respectfully referred to the accompanying Memorandum of Law and attached

affidavits for the facts and legal arguments supporting the issuance of a preliminary

injunction.

4. The Plaintiffs request that the court allow a hearing on this motion, to be scheduled as soon

as the Court and opposing party, represented by Attorney General of the Commonwealth, can

accommodate.

Respectfully Submitted,
The Plaintiffs, By Counsel,

Dated: March 16, 2009 ____________________________

Gregory A. Hession J.D.
172 Thompson Street
Springfield, MA 01109
413.746.3333
BBO No. 564457

Certificate of Service
I, Gregory A. Hession J.D., counsel for plaintiffs in the above captioned action, hereby
certify that I have caused the foregoing motion for preliminary injunction, along with
accompanying memorandum of law, and proposed preliminary injunction, to be served via first
class mail, to William Porter, Esq., counsel for the Defendants, the Office of the Attorney
General, One Ashburton Place, Boston, Massachusetts, on March 17, 2009.

___________________________
Gregory A. Hession J.D.