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, we can ask a court to modify an original divorce decree when the circumstances warrant the change.

Massachusetts makes it difficult to obtain a modification, however. Generally, there must be a significant change in circumstances before a court will make changes to things like alimony, child support, and child custody. In practice, this means you cannot request a modification simply because you are unhappy with your current divorce orders.

If you cannot afford to pay alimony or child support—or if you believe you are entitled to more—you should consider requesting a modification. The same is true if the current parenting plan makes it difficult to see your child. Contact Turco Legal, PC today to find out more about your legal options.

The Modification Process

A complaint to modify must be filed with the court that issued the divorce. However, if both ex-spouses have moved, then you might file in a different court that has jurisdiction. There is usually a fee required to file paperwork and have it served on your ex.

If you filed for modification, then your ex has a chance to respond within 20 days. If they wait too long or simply ignore the paperwork, you might request a default. Both parties will usually meet in a pretrial conference to figure out which issues they truly disagree on before settling on a date for a hearing.

Child Custody and the Parenting Plan

It isn’t unusual for custody orders to eventually become outdated. Children’s needs continue to change as they age. For example, your child might get heavily involved with after-school activities which can require travel on the weekend and impede your ability to see each other.

In other situations, a parent wants to move out of state, so the parenting plan becomes impossible for parents to follow through with. Or one parent could fall victim to a drug or alcohol addiction, which is a significant change that could support modification of custody.

Child custody modifications can be hotly contested. Parents often tell very different stories in court about whether the current arrangement is working and the reasons that a child might not see a parent. It is best to meet quickly with a Boston divorce modification lawyer to build as strong a case as you can.

Child Support

Child support orders are typically based on each parent’s income, as well as how much time they spend with the children. As the years roll by, this information often changes, resulting in a child support modification. For example, one parent might suddenly lose his job and suffer a drop in income. Conversely, a parent could receive a large raise at work. If you plug the new numbers into the formula and the new amount is 20% different from the current support order, then you can request a modification. However, the changes in income cannot be voluntary—i.e., you can’t quit a job and then ask for reduced child support.

Modification might be appropriate in other situations. Some changes are material and substantial enough to cause a judge to consider modification, such as illness or incarceration. Our attorneys can carefully review whether a request to modify is appropriate.

Alimony

Certain situations support a modification of an alimony award. The clearest example involves the spouse receiving alimony getting married again. However, the reverse isn’t true—if you are paying alimony, then getting married does not automatically lead to a reduction or termination of alimony.

If the paying spouse dies, then alimony might end. Here, though, the spouse receiving alimony could continue to request it from the estate.

What happens if your ex has moved in with someone but hasn’t married? In some cases, your ex’s finances might have improved enough that modifying alimony is fair.

Disability can also qualify as a significant change. For example, someone who is paralyzed and cannot work might be able to reduce or outright eliminate their required alimony payment.

Marital Property

Many disputes break out during divorce regarding the division of marital property. However, this is an area where judges will rarely modify their orders. They might agree to do so if your ex committed fraud or there was a clear error, but it is rare.

Learn More about the Possibility of Modification

Turco Legal is an established divorce law firm which can analyze your chances of modifying a divorce order. You can schedule a time to meet by calling (617) 657-4878. With our experience, we are well positioned to either fight off a modification attempt or secure one from a judge on your behalf.