Divorce and Custody Judgment Modification

Court judgments in divorce and custody matters are based on the circumstances at the time of the ruling. However, as life evolves, these judgments may no longer reflect the realities of the individuals involved. A party may file a complaint for modification when a significant change in circumstances justifies altering aspects of the court’s order. Property settlements are typically final. However, custody, child support, and alimony may be modified if circumstances change significantly.

A change in circumstances may arise for various reasons. For example, retirement can impact alimony obligations. Children may reach an age requiring custody or support changes. Disability may prevent a party from working. A modification may be sought to address overlooked issues, such as requesting alimony when it was not previously adjudicated.

A complaint for modification is typically filed in the state and county where the divorce was granted. However, if both parties have moved, jurisdiction may change. No filing fee applies to modifications for child support, maintenance, visitation, or education. Other modifications require a $150 filing fee plus summons and processing costs.  Once the complaint is filed, the other party must be formally served and has twenty days to file a response. If no response is submitted, the requesting party may seek an uncontested trial date. If a response is filed, a pretrial conference will be scheduled to address the contested issues before proceeding to trial.

Modification of Property Division

In most cases, property division cannot be modified unless there is evidence of fraud or a legal error. However, in rare instances, property-related arrangements tied to financial support—such as one party remaining in the marital home as part of child support—may be reconsidered. Generally, however, courts uphold the finality of property division orders.

Modification of Child Support or Alimony Orders

To modify a support order, a party must demonstrate a significant change in financial need or ability to pay. However, child support may also be modified if an existing order does not comply with the state’s Child Support Guidelines, even in the absence of a substantial change in circumstances. When evaluating a modification request, courts consider several factors, including the financial resources and obligations of both parties, earning capacity, permanence of the change, whether the change was voluntary or involuntary, and compliance with existing orders.

A reduction in support obligations is unlikely if the requesting party has voluntarily decreased their income. In such cases, the court may assess their potential earning capacity rather than their current income. Additionally, if a parent has a child under the age of six from a subsequent relationship and elects to remain home, the court typically does not consider this as justification for reducing their support obligations.

Common Circumstances Leading to Modification

• Remarriage: If the recipient of alimony remarries, their right to receive alimony generally ends. However, if the paying spouse remarries, this does not typically affect their alimony obligations unless extraordinary financial circumstances arise, such as significant medical expenses for a new dependent.
• Death: Alimony obligations typically cease upon the death of the paying spouse, though the recipient may seek support from the deceased spouse’s estate if prior agreements permit.
• Cohabitation: Cohabitation alone does not automatically warrant modification. However, if it results in a substantial change in the recipient’s financial situation, it may be grounds for reconsideration.
• Inheritance: A substantial inheritance may constitute a significant change in financial circumstances, potentially affecting support obligations.
• Alimony Arrearage: If a paying party can demonstrate an inability to meet their alimony obligations due to unforeseen financial hardship, they may seek a modification.

Child Support Adjustments

If the Child Support Guidelines were used to calculate the previous child support judgment, and situations have created a change of at least 20 percent as indicated by the Guidelines, an order for child support can be modified in order to meet the Guidelines. If the Guidelines were not used to determine a previous order of child support, the individuals must be able to show a substantial change of situation from that which was previously used to determine child support.

Child support can be reconsidered without a substantial change in situation if there is a reason to make such a change, such as a diagnosis of a major medical condition. The court will generally consider the same factors that initially determined child support as per the Child Support Guidelines. Remarriage and the introduction of additional children are generally not considered factors by the court, as these actions are voluntary.

Modification of Visitation

To modify a visitation schedule, a party must show not only a change in circumstances but also that the proposed modification would serve the best interests of the child(ren).

Navigating the Modification Process

Divorce orders are not set in stone, and when life circumstances shift, seeking a modification may be necessary. However, these legal proceedings require careful navigation. An experienced family law attorney can provide the necessary guidance to ensure that a request for modification is well-prepared and effectively presented before the court.

At Turco Legal, our experienced Massachusetts family law attorney, Damian Turco, is well-versed in the complexities of post-divorce modifications. We provide clear, strategic counsel to help our clients pursue the necessary adjustments to their legal obligations. To discuss your situation, contact us online or by phone at (866) 995-6663.

Divorce and Custody Judgment Modification

Court judgments in divorce and custody matters are based on the circumstances at the time of the ruling. However, as life evolves, these judgments may no longer reflect the realities of the individuals involved. A party may file a complaint for modification when a significant change in circumstances justifies altering aspects of the court’s order. Property settlements are typically final. However, custody, child support, and alimony may be modified if circumstances change significantly.

A change in circumstances may arise for various reasons. For example, retirement can impact alimony obligations. Children may reach an age requiring custody or support changes. Disability may prevent a party from working. A modification may be sought to address overlooked issues, such as requesting alimony when it was not previously adjudicated.

A complaint for modification is typically filed in the state and county where the divorce was granted. However, if both parties have moved, jurisdiction may change. No filing fee applies to modifications for child support, maintenance, visitation, or education. Other modifications require a $150 filing fee plus summons and processing costs.  Once the complaint is filed, the other party must be formally served and has twenty days to file a response. If no response is submitted, the requesting party may seek an uncontested trial date. If a response is filed, a pretrial conference will be scheduled to address the contested issues before proceeding to trial.

Modification of Property Division

In most cases, property division cannot be modified unless there is evidence of fraud or a legal error. However, in rare instances, property-related arrangements tied to financial support—such as one party remaining in the marital home as part of child support—may be reconsidered. Generally, however, courts uphold the finality of property division orders.

Modification of Child Support or Alimony Orders

To modify a support order, a party must demonstrate a significant change in financial need or ability to pay. However, child support may also be modified if an existing order does not comply with the state’s Child Support Guidelines, even in the absence of a substantial change in circumstances. When evaluating a modification request, courts consider several factors, including the financial resources and obligations of both parties, earning capacity, permanence of the change, whether the change was voluntary or involuntary, and compliance with existing orders.

A reduction in support obligations is unlikely if the requesting party has voluntarily decreased their income. In such cases, the court may assess their potential earning capacity rather than their current income. Additionally, if a parent has a child under the age of six from a subsequent relationship and elects to remain home, the court typically does not consider this as justification for reducing their support obligations.

Common Circumstances Leading to Modification

• Remarriage: If the recipient of alimony remarries, their right to receive alimony generally ends. However, if the paying spouse remarries, this does not typically affect their alimony obligations unless extraordinary financial circumstances arise, such as significant medical expenses for a new dependent.
• Death: Alimony obligations typically cease upon the death of the paying spouse, though the recipient may seek support from the deceased spouse’s estate if prior agreements permit.
• Cohabitation: Cohabitation alone does not automatically warrant modification. However, if it results in a substantial change in the recipient’s financial situation, it may be grounds for reconsideration.
• Inheritance: A substantial inheritance may constitute a significant change in financial circumstances, potentially affecting support obligations.
• Alimony Arrearage: If a paying party can demonstrate an inability to meet their alimony obligations due to unforeseen financial hardship, they may seek a modification.

Child Support Adjustments

If the Child Support Guidelines were used to calculate the previous child support judgment, and situations have created a change of at least 20 percent as indicated by the Guidelines, an order for child support can be modified in order to meet the Guidelines. If the Guidelines were not used to determine a previous order of child support, the individuals must be able to show a substantial change of situation from that which was previously used to determine child support.

Child support can be reconsidered without a substantial change in situation if there is a reason to make such a change, such as a diagnosis of a major medical condition. The court will generally consider the same factors that initially determined child support as per the Child Support Guidelines. Remarriage and the introduction of additional children are generally not considered factors by the court, as these actions are voluntary.

Modification of Visitation

To modify a visitation schedule, a party must show not only a change in circumstances but also that the proposed modification would serve the best interests of the child(ren).

Navigating the Modification Process

Divorce orders are not set in stone, and when life circumstances shift, seeking a modification may be necessary. However, these legal proceedings require careful navigation. An experienced family law attorney can provide the necessary guidance to ensure that a request for modification is well-prepared and effectively presented before the court.

At Turco Legal, our experienced Massachusetts family law attorney, Damian Turco, is well-versed in the complexities of post-divorce modifications. We provide clear, strategic counsel to help our clients pursue the necessary adjustments to their legal obligations. To discuss your situation, contact us online or by phone at (866) 995-6663.