Boston Divorce Modifications Lawyer
As seasoned divorce attorneys, we receive many calls from people who have divorced years earlier. Although they were initially happy with their divorce decree, events have changed, and their parenting plan or support agreement no longer works for them. Fortunately, a Boston divorce modifications lawyer at Turco Legal can ask a court to modify an original divorce decree when the circumstances warrant the change.
Whether adjustments are needed for child custody, support, or alimony, a Boston divorce modifications lawyer at Turco Legal can guide you through the legal process of seeking or contesting a modification.
Understanding Divorce Modifications in Massachusetts
Massachusetts law does not permit modifications simply because one party is dissatisfied with the original agreement. Instead, the court requires a substantial change in circumstances before considering adjustments to child custody, child support, or alimony. If you are struggling to meet your obligations, believe you are entitled to additional support, or face challenges with your parenting plan, seeking legal guidance is essential.
The Process of Seeking a Modification
To request a modification, a formal complaint must be filed with the court that issued the original divorce decree. If both parties have relocated, jurisdiction may shift to another court. The filing process includes court fees and the formal service of documents to the other party.
Once served, the opposing party has 20 days to respond. If no response is filed, a default judgment may be possible. Typically, both parties will participate in a pretrial conference to clarify contested issues before scheduling a hearing.
Child Custody and Parenting Plan Adjustments
Over time, the needs of children evolve, sometimes making existing custody arrangements outdated. A child’s increasing involvement in extracurricular activities, a parent’s relocation, or concerns about a parent’s fitness due to addiction or other serious issues may warrant modifications to custody agreements.
Child custody modifications can be complex and often involve conflicting perspectives from both parents. A strong legal strategy is essential for presenting a compelling case that prioritizes the child’s best interests.
Child Support Modifications
Child support is determined based on each parent’s income and the time spent with the child. If a significant financial change occurs—such as job loss, a substantial raise, or another material shift—modification may be appropriate. Massachusetts courts typically allow adjustments when the revised calculation results in at least a 20% difference from the current support order. However, voluntary reductions in income, such as quitting a job, do not qualify.
Other circumstances, such as illness or incarceration, may also justify a modification. Our attorneys can assess your specific situation and advise on the likelihood of success.
Alimony Adjustments
Certain life events can impact alimony obligations. For instance, if the recipient remarries, alimony payments may cease. However, the remarriage of the paying spouse does not automatically alter their obligation. In the event of the paying spouse’s death, the recipient may still seek support from the estate.
Situations such as cohabitation, financial improvement of the recipient, or a disability affecting the paying spouse’s ability to work may also justify modification. Each case is unique, and legal guidance can help determine the best course of action.
Modifications to Marital Property Division
Unlike support and custody arrangements, property division is rarely modified after a divorce. Courts may consider adjustments only in cases of fraud or clear legal errors. If you suspect that your original property division was based on false information or a fundamental mistake, we can review your options.
Consult an Experienced Boston Divorce Modifications Lawyer
At Turco Legal, we help clients navigate the complexities of divorce modifications, whether they seek a change or need to defend against one. To discuss your situation and explore your legal options, contact us at (617) 657-4878 to schedule a consultation.