It’s not uncommon for divorced spouses to experience changes in their circumstances. As such, you may be eligible to seek a modification of your existing custody order in Massachusetts. This is commonly used to update matters related to alimony, child support, and custody. However, it’s critical to understand that the courts in Briston, Norfolk, and Plymouth Counties, as well as throughout the state, will only modify a divorce order if there has been a substantial change in circumstances. Understanding what constitutes a substantial change and how to file is critical to protecting your rights and the best interests of your family.
What Is a Post-Divorce Modification in Massachusetts?
A post-divorce modification is a legal motion filed through the court that serves as a request to change an existing divorce decree or other legally binding court order. In order for the Massachusetts court to grant a modification, you must show that a “material and substantial” change in circumstances has occurred. This typically involves changes related to parenting ability, finances, or significant life events.
Typically, a substantial and material change is anything that is considerable and ongoing, as related to the financial circumstances, parenting ability, or needs of the child, and was not anticipated at the time the original order was executed.
What Calls For A Modification?
There are a number of circumstances that may call for a modification, though these matters are mostly related to domestic support obligations, including child support and alimony, as well as child custody.
Child Support
Child support is carefully calculated in order to ensure that the child’s standard of living is the same as before the divorce. But, as children grow, circumstances change. There are a number of reasons to modify child support, including:
- A change in custody arrangements
- A parent’s loss of employment
- A parent’s increase or decrease in income
- If a child requires money for medical treatments
- If a child decides to pursue higher education and needs child support extended
- If a child reaches the age of emancipation, child support can be terminated.
Custody and Visitation
Child custody is one of the most important issues in a Bristol County divorce. Custody is a delicate situation because it can greatly impact the child. That being said, there are a number of situations that may require a modification when it comes to custody. Some of these situations include:
- If one parent relocates
- Any medical problems with the child or a parent
- A change in a parent’s employment
- Parent alienation
- A negative change in the child’s school performance
Spousal Support
Similar to child support, spousal support has been carefully calculated. But there are various situations that may require either an increase or a decrease in spousal support. Some examples include:
- Loss of employment
- A change in income
- An illness
- A spouse’s ability to become financially independent from the other spouse
Additional Situations That May Constitute a Modification
Beyond the most common scenarios explained above, there are other life changes that can warrant a modification ordered by the Massachusetts courts.
Less Obvious Reasons for a Modification
- Remarriage or cohabitation that impacts alimony responsibilities
- Considerable financial gain, like a promotion or inheritance
- A child’s schedule changes due to their extracurricular activities
- A child reaches the age of emancipation or requires extended support
- The child is exposed to unsafe environments, like abuse, substance use, or criminal activity
- Changes impact a parent’s ability to meet the court-ordered obligations
How Do You Prove You Need a Modification in Massachusetts?
As mentioned, in order to obtain a modification of a previous court order in Massachusetts, you’ll need to demonstrate that a change has occurred that warrants a change. As such, you’ll need to gather strong evidence to help support your claims.
Evidence Commonly Considered by the Court
- Financial records, like pay stubs and bank statements
- Employment documentation, like termination notices or new employment contracts
- School reports and attendance records
- Police reports or other documented safety concerns
- Proof of remarriage or cohabitation
How Do You File for a Post-Divorce Modification in Bristol County?
In Massachusetts, modification cases proceed through the Probate and Family Court Department, which has jurisdiction over family law matters throughout the state, including Bristol, Norfolk, and Plymouth Counties.
If you want to change a current court order, understanding the process of filing for a modification is critical. In general, this entails filing with the appropriate Probate and Family Court, which is generally the court in the county where you reside. This process is commonly referred to as filing a complaint for modification, and is the formal channel to request a change in a court order.
Step-by-Step Modification Process
- File a “complaint for modification” with the Massachusetts Probate and Family Court
- Ensure proper service to your ex-spouse
- Attend scheduled court hearings
- Present evidence that supports your request
- Receive a judge’s decision based on what they determine to be in the best interest of the child (for custody-related matters) or fairness (for other issues)
Contact Our Experienced Bristol County Firm
For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.
