Once a divorce is finalized, the documents are filed with the courts for record keeping and enforcement purposes. However, life is unpredictable and circumstances can change over time. In Massachusetts, if a court order or judgment no longer suits the parties because circumstances have changed in a significantly since the order or judgment was issued, the court can “modify” the prior order or judgment.
Cases where a modification might be appropriate include those where the children are significantly older than at the time when the last parenting schedule or child support order was issued, or where a person ordered to pay alimony has a substantially smaller income now than at the time he or she was ordered to pay alimony.
Sometimes a party may want to change an order or judgment because there is a legitimate need to do so, and it would be unfair not to allow a change. For example, when there is a typographical mistake in the written judgment, or when the opposing party lied about the value of a significant asset on his or her financial statement, and the lie influenced the judgment of the court.
In general, to obtain a modification through a complaint for modification, a person must prove to the court that a material change in circumstances has occurred since the last judgment was issued and the change makes a modification of the orders necessary. When the change concerns a child or children, you must also prove that the proposed change is in the best interest of the child or children.
Consulting with me, an experienced family law attorney can help you with the divorce modification process. Whether your claim is about child support, custody, or even division of property, you want to know all of the pros and cons to making the changes. If you have questions about your divorce agreement and would like to know if a modification is appropriate, please contact me to schedule a consultation.
