Andover Divorce Modifications Lawyer

When a court issues an order, the expectation is that it won’t need to be modified. But family law is different. Judges realize that life can change so much in the ensuing years that the order becomes ineffective or burdensome and that one or both exes want a change. This is particularly true on issues like child custody, child support, and alimony.

Turco Legal, PC has helped men and women make modifications to their divorce orders. One or both parties file a complaint in the county where they received their initial decree (unless both have moved) and present evidence at a hearing. Not every court order can be modified, but it is important to consider all options when a divorce decree begins to feel like a strait jacket.

Modifying Alimony Orders

Some alimony orders come with an expiration date. For example, a judge might order one spouse to pay his ex alimony for five years. However, other alimony orders are indefinite in length. Regardless of the type of order, circumstances might change so that a modification becomes necessary.

Legally, you must show that there has been a material change in the ability to pay alimony or the need to receive it. What qualifies under this standard? In our experience, the following usually triggers a second look at an alimony award:

• Death. If either spouse dies, then alimony usually stops, though in some cases the receiving spouse can continue to get alimony from the estate.
• Remarriage. If the spouse who receives alimony remarries, then the support usually ends.
• Cohabitation. Living with someone else does not automatically end the right to receive alimony the same way remarriage does. However, it depends on the circumstances. The receiving spouse’s financial condition could improve dramatically by moving in with someone, so a modification request is sometimes appropriate.
• Inheritance. Inheriting a large sum can alter the financial circumstances in such a way to support a modification.
• Disability. Becoming disabled can end the ability to pay alimony. Likewise, a disabled ex might require more support.

In general, the change in circumstance cannot be voluntary—i.e., you can’t quit your job and then ask the court to lower or halt alimony.

Modifying Child Support Orders

Child support modifications can happen in a couple of different circumstances. If the judge used the child support guidelines when calculating support, then any change that results in a 20% change would trigger a modification. In many situations, this happens when one or both parents lose a job, become sick or disabled, or even get a promotion and raise at work. The income of one parent changes so much that, under the guidelines, their support would increase or decrease at least 20%.

If the court did not use the guidelines, then a modification can happen whenever there has been a material and substantial change of situation. However, the birth of more children or remarriage typically do not satisfy this threshold.

Modifying Child Custody Orders

The parent requesting a change to child custody must show a significant change in circumstances and that the proposed change is in the best interest of the children. In the child custody context, a significant change might include something like:

• The custody schedule impedes the child’s participation in school and extracurricular activities.
• The parent with custody wants to move out of Massachusetts.
• The custodial parent is a danger to the children (e.g., drug use)
• One parent interferes with the rights of the other, by withholding visitation repeatedly.

Parents can always agree to a change and submit it to the judge for approval. Agreement is beneficial, since it allows parents to come up with a parenting plan that makes sense for both them and the children.

As always, any change must be in the child’s best interest. A judge will use the same analysis she did when initially awarding custody, which looks at many factors.

Modifying Property Orders

In Massachusetts, you typically cannot modify an award of marital property. The only exceptions are if you show your ex committed fraud, such as by hiding accounts, or error on the part of the judge. If your ex won’t comply with the order, you should consider different options, such as a contempt citation.

Contact an Andover Divorce Modifications Lawyer for Assistance

Getting a court order modified isn’t easy, but it is possible. At Turco Legal, PC, we can represent you in court or even negotiate with the other side for a modification. We have extensive experience and are available to talk about your case if you call (978) 699-0040 today.