In Massachusetts, navigating the complexities of spousal support can be difficult, especially when life circumstances change after an initial order is in place. If your current spousal support arrangement no longer reflects your financial situation, you can petition the court to modify the terms. This process, however, requires specific legal adherence and procedures. Please continue reading as we explore the grounds for modification in Massachusetts and underscore the importance of seeking legal advice from a dedicated Bristol County Divorce Modification Lawyer to safeguard your rights and achieve a just outcome. 

What Are Valid Reasons to Modify a Spousal Support Order in MA?

Massachusetts courts acknowledge the necessity of adjusting spousal support orders when a “substantial change in circumstances” has occurred since the initial order. Such modifications are not automatic and require a formal petition to the court supported by substantial evidence. Common grounds for modification include:

  • A serious illness
  • Changes in the cost of living
  • Disability
  • Job loss
  • Reduced income
  • Retirement
  • Remarriage or cohabitation
  • Self-sufficiency of the recipient

For a court to consider modifying spousal support, the substantial change in financial circumstances must be involuntary, permanent, and not a result of a deliberate act. For instance, a job loss stemming from a lasting disability would likely be viewed as a legitimate basis for modification, whereas a voluntary decision to leave a well-paying position for a less lucrative career path would probably not.

What is the Process to Modify a Spousal Support Order?

Generally, there are two methods for modifying a support order should one’s financial circumstances change. The quicker route involves filing a joint petition with one’s ex-spouse, provided both parties are in agreement regarding the modification. If an agreement cannot be reached, the individual seeking the change (the plaintiff) must file a Complaint for Modification with the Probate and Family Court that originally issued the order. It should be noted that the other individual involved in this matter will be the defendant.

If you have legal representation, a Uniform Counsel Certification Form (CCF) must also be filed. If your request involves an alteration to the support amount, a financial statement is additionally required. It is imperative to maintain the current support payment schedule until a court ruling is made, as non-compliance can result in significant penalties.

Furthermore, you may need to attend any scheduled hearings or case conferences. The court may arrange a case conference to facilitate an agreement. If an agreement cannot be reached, the case will progress to a hearing where a final decision will be issued.

If you are seeking a spousal support modification, it is in your best interest to consult an attorney at the Law Offices of Cynthia L. Hanley, P.C. to understand your rights and options. Contact us today to schedule a consultation.