Modification is defined as the act of changing, altering or amending a legal document that is already established (i.e. Paternity Judgment, Separation Agreement, Judgment of Divorce). If you’ve had a change in circumstance and the terms of your legal agreement no longer reflect your present reality, King and Farrell Law can help.
Recognizing the unique nature of each case, we take the time to understand your specific needs, thoroughly evaluate the changes in your circumstances, and develop a customized legal strategy to pursue the modification that aligns with your current situation.
Whether it involves modifying child custody arrangements, adjusting spousal support, or amending other legal agreements, our seasoned attorneys specialize in modification cases; possessing a deep understanding of the legal intricacies involved. We provide expert guidance to individuals seeking modifications to existing legal arrangements. Our extensive network of specialists analyze financial information to make sure it’s as accurate as possible to better suit your individual situation.
Our services cover a broad spectrum of legal modifications, including but not limited to:
Please reach us at meagan@kingandfarrell.com if you cannot find an answer to your question.
A Complaint for Modification is filed when requesting a change to a court order. Common examples include child custody, child support, alimony, health insurance, and life insurance. Following the entry of a divorce, division of property cannot be modified absent fraud. To file a Complaint for Modification, there needs to be a significant and material change in circumstances since the original order was made. This could be a parent's job loss affecting child support, a planned relocation impacting custody, or a child's growing needs necessitating more support. The process involves filing a Complaint with the court and proving the change in circumstance.
Sometimes! The language in your Separation Agreement is extremely important when seeking a Modification. Keys words to look out for are “merge” and “survive”. The parts of your agreement that “merged” can be modified, but the parts of your agreement that “survived” cannot typically be modified absent extreme circumstances. The attorneys at King and Farrell Law will help you to understand the specifics of your agreement and the likelihood of modification.
In most cases in the state of Massachusetts, the original parties involved in the court order can file a Complaint for Modification. This applies to parents in child custody/support cases and former spouses in divorce cases. However, the ability to modify depends on the specific type of agreement and whether there has been a material change in circumstances since the original order.
You may be able to modify your parenting plan in Massachusetts, but there are some conditions:
Material Change in Circumstances: In Massachusetts, the key factor in determining whether to modify a child support order is whether there has been a significant change in circumstances since the original agreement or court order was created. This change must have a direct impact on the child's well-being, such as a change in their health, education, or living situation. The court will consider factors such as the child's needs, the parents' financial situations, and the best interests of the child when determining whether to grant a modification. Examples include:
Agreement vs. Court Order:
In Massachusetts, a party can request a child support modification at any time if there has been a significant change in circumstances that affects the child's well-being or the parents' financial situation. This can include changes such as job loss, increased medical expenses, or other significant events. There are no specific time limits for requesting a modification unless the change is minor, in which case the court may decide to deny the request.
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King & Farrell Law LLC
Mailing Address: P.O. Box 1060 Osterville, MA 02655
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