Court Orders Modification

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:

• A parent's relocation;
• Significant change in a parent's health or ability to care for the child;
• The child's preference (depending on age); and
• Evidence of abuse or neglect.

Agreement vs. Court Order:

• If your parenting plan is part of a court-ordered agreement, you'll need to file a Complaint for Modification with the court to modify it.
• If it is an informal agreement (not court-ordered), a modification can be set through a written agreement between both parents, but legal advice is recommended to ensure the new plan is enforceable.

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.