In Massachusetts family law, when coming to a divorce judgement, the judge weighs all of the different factors of the parting couple’s lives to come to a decision that they have deemed fair and accommodating to both parties. These factors include things like: income, employment, financial status, number of children, etc.. Life situations change, so inevitably elements of a divorce decree may occasionally need to be changed. This is when divorce modification may be necessary.
Divorce Modification In Massachusetts
In Massachusetts, divorce judgments may be changed based upon a showing of a material and substantial change of circumstances. You can ask the court itself to change certain aspects of the divorce judgment after it has been entered — including:
- Child custody arrangements
- Visitation schedules
- Child support
- Alimony (spousal support)
Such a request can be made by filing a “motion to modify” the divorce decree. This motion is usually filed within the same court where the divorce was originally filed and the initial divorce judgment was issued. Keep in mind, when you file your motion, you will also need to provide documentation to back up your request.
For example, if the original divorce judgment required you to pay $2000 per month in child and spousal support, but you were recently laid off from your job, you can file a motion to temporarily modify support schedules. You can also ask the court to modify in the amount of spousal support you receive from your ex if they start earning a higher level of income.
Parenting and visitation plans can also be modified. For example, if one parent wishes to relocate to another area, or if one parent becomes unfit to be responsible for children, due to mental health, addiction, or other reasons, modifications to the parenting plan are warranted.
CONTACT AN EXPERIENCED FAMILY LAW / DIVORCE ATTORNEY
If you have any further questions regarding divorce modification in Massachusetts or if you’re looking for representation in your divorce or child custody battle, please don’t hesitate to contact Attorney Mike Saurez.
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