A divorce agreement may not last forever because the circumstances of either party may change, which warrants a modification. In order to obtain a favorable post-divorce modification order, you will need to convince the family law court in Massachusetts that there has been a significant change in your circumstances and the change makes it necessary to modify the order.
At Davis Law Group, top-rated divorce attorney Jay Davis and his legal team will help you file a Complaint for Modification and present appropriate evidence to prove the rationale behind this complaint. Jay Davis has more than 20 years of experience in handling Massachusetts divorce and family law cases ranging from straightforward to the most complicated issues.
We have successfully negotiated and litigated numerous modification motions related to divorce, alimony, child custody, child support, paternity, and other family law matters. To schedule a confidential consultation with Jay, call 617-221-3548 today.
When Do You Need a Post-Divorce Modification?
Some of the situations that may qualify for a post-divorce modification in Massachusetts include:
Remarriage or Cohabitation
If your ex-spouse has remarried, he or she may no longer require spousal support because their new partner may have adequate income to support them financially.
Changes in the Child’s Routine
When children are growing up, their study schedules may become more rigorous. In many cases, the child may become more involved in sports and other extra-curricular activities. These changes in the child’s schedule may require a modification of the child custody and visitation order.
Change of Financial Circumstances
One party after a divorce may experience a significant change in their financial circumstances. It may involve a loss of job or business, a salary increase, a substantial inheritance, or another type of financial event. This may warrant a modification in the spousal support or child support order.
Risky Behavior of the Custodial Parent
If the custodial parent has substance abuse issues, is involved in domestic violence or abuse, has committed child neglect or child abuse, or another type of seriously damaging parental behavior, you may have a case for post-divorce child custody order modification.
Modification in a child support order may also be needed when your child attends college or has reached adulthood and is financially independent. In post-divorce order modifications related to a child, you will not only have to show a material change in circumstances, but also that the modification order will be in your child’s best interests.
Consult with dedicated family law attorney Jay Davis who has a thorough understanding of how the post-divorce order modification process works in Massachusetts. Jay and his team will advise you on the pros and cons of the proposed change, and do everything within the realm of law to protect your interests and obtain the modification order from the court. Call Davis Law Group today at 617-221-3548 to book a free initial consultation.
Questions to be Addressed in a Modification
Post-divorce order modifications can take different forms, and a number of preliminary questions should be addressed beforehand. These questions may include:
- How much time has passed since the original order or judgment was issued?
- Is the order, decree, or judgment modifiable either by its language or by a statute that permits modification?
- Which court should you approach to request for the order modification?
- What is the willingness of your ex-spouse for the proposed modification?
- Did the court that issued the original order “retain jurisdiction” for post-divorce modification?
It’s vital to evaluate your situation and determine the right legal strategy to achieve the objectives of your desired order modification.
Filing a Motion
Apart from a Complaint for Modification, you should also be aware of an alternative way to make changes in the divorce order in certain cases. This approach is known as filing a motion. Here are a few examples:
Motion for Reconsideration
In this case, you would request the same family law court where your divorce case was originally heard to review its earlier order and make a change based on new evidence, a mistake of law, or an issue of fraud.
Motion to Set Aside the Order
In this case, you would request the family law court to vacate the existing child custody, child support, or another order. When the court has vacated the order, the matters addressed in it are restored to an unresolved status.
Motion of Contempt
You can file a motion of contempt if there is non-compliance of the divorce order by the other party. Some of the reasons for this motion may include:
- Non-compliance with the rulings on property division
- Non-compliance with the parenting plan
- Failure to pay spousal support
- Failure to pay child support
Speak to a Skilled and Experienced Divorce Attorney Today
You need a competent post-divorce order modification lawyer in Massachusetts who can help you successfully navigate the modification process. Following a change in your circumstances, your goal should be seek an order modification as soon as possible.
Davis Law Group, led by seasoned family law attorney Jay Davis, is committed to providing you the best possible legal advice and support for your divorce order modification. To schedule a consultation, call us today at 617-221-3548.
James H. (Jay) Davis III
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