Some time after divorce or separation, it’s possible for circumstances to change significantly, such as if one party relocates, gets a better job, or starts a new family. If the court’s divorce orders are no longer appropriate in the current situation, you or your ex-spouse may file a Complaint for Modification to ask the court to change the stipulations. This applies to child custody and visitation orders, child support orders, and general alimony orders.
It’s important to have a lawyer if you’re seeking an order modification, because the court will need compelling proof that such a change is warranted. In the Greater Boston area, get the help of an attorney from Goldman Law, LLC. Our lawyers have been named Clients’ Choice and are top-rated in Family Law cases like yours. We can help you secure the modifications you need. Call us today at (617) 668-1718.
Do I Need to Go Through the Court for Post-Divorce Changes?
There are some instances when ex-spouses may have to make quick “one-off” changes to their post-divorce arrangements. For example, if one parent can’t pick up their child on time from school, the other will have to do it even if it’s not their parenting time.
However, for permanent or regular changes, it’s crucial to go beyond verbal agreements and have the court authorize the change.
Even if you feel that you and your ex-spouse can harmoniously make adjustments between yourselves, having the court’s official decree can save you from serious legal trouble down the road. We’ve seen cases where exes were accused of Contempt of Court or parental kidnapping because of innocent adjustments against their court orders. Before making a concrete change, make sure you have the court’s authorization.
Modifying a Child Custody/Visitation Order in MA
Either parent may request the court to modify their child custody or parenting time order, or both parents may petition jointly if they have come to an agreement. The court will grant child custody or parenting plan modification only if:
- There has been a “material and substantial change in circumstances” since the order was given, and
- The current circumstances are not in the child’s best interests.
What counts as a “material and substantial change in circumstances”? The judge will decide this on a case-to-case basis, but in general, it is a change that significantly affects the child’s welfare, way of life, or relationship with both parents. Examples are:
- One parent moves out of state.
- One parent’s work schedule has changed.
- One parent has developed a serious health issue.
- One parent has developed a substance abuse problem.
- A parent who previously abused substances now maintains sobriety.
- One parent fails to obey the parenting plan or interferes with the other parent’s parenting time.
- One parent neglects the child during their parenting time.
- Domestic violence has occurred in either parent’s home.
Many other unique scenarios can warrant child custody modification. To prove to the court that your custody order should be changed, enlist a competent Family Law attorney.
Modifying a Child Support Order in MA
Massachusetts allows child support modification if the support order is at least three years old. Either parent – the payor or the recipient – may file for modification. The court will also need proof that there has been a substantial change in circumstances before it modifies the order. Common examples of this change include:
- One parent’s new job or job loss
- One parent’s change in income (greater or lesser)
- One parent’s major illness or injury.
Many parents ask, “Is remarriage a valid reason to modify child support?” The short answer is no, one parent’s remarriage is not enough reason for support modification. This is because the court considers each parent’s individual income, not their respective household income. So for example, if the receiving parent marries a wealthier partner, it won’t automatically guarantee that the paying parent can now stop sending child support.
However, the judge will examine factors that increase or decrease each parent’s individual income. If, for instance, one parent receives personal contributions from their new partner, this can affect their individual income and subsequently, the court’s decision.
A child support modification case can quickly get complicated. Whether you are a parent seeking support modification or the one responding to it, you need to protect your rights with the help of a competent lawyer.
Modifying an Alimony Order in MA
There are various types of alimony in Massachusetts, some of which are non-modifiable. However, a typical General Term Alimony can be modified, suspended, or terminated in certain situations:
- There has been a material change in circumstances, such as if one party had a major change in income or has developed a serious medical issue.
- The receiving spouse has remarried or has cohabitated with a new partner for at least three months.
- The paying spouse has reached full retirement age for Social Security.
- The two parties have a separation agreement which gives specific rules on modifying or ending the spousal support.
- The alimony order was entered before March 1, 2012, and the order calls for a longer alimony duration than what the new law requires.
Either party or both parties may request the court to modify their alimony order. If you are seeking the modification by yourself, you’ll need to convince the court through strong evidence that this change is necessary. On the other hand, if your ex-spouse wants to change the order, you’ll need to protect your rights and assets from unfair outcomes. In both scenarios, the services of an experienced attorney will be valuable.
Contact Goldman Law – Top-rated Modification Lawyers in Boston
To help secure your rights and entitlements in modification cases, get the help of Goldman Law, LLC. Our Family Law attorneys have over 25 years of combined experience and have obtained favorable outcomes for numerous clients. We serve Middlesex County, Suffolk County, and all of Greater Boston. Call us at (617) 668-1718.
