Making Or Responding To Post-Judgement Modification Requests
After a marriage ends, both parties may experience circumstances that change their ability to live up to the agreements in the divorce papers. In this situation, a post-judgment modification may need to be filed.
Our attorneys at Commonwealth Legal Group, LLC, can guide you through the modification process. We take the time to get to know your individual goals and needs so we can represent you effectively. Collectively, our legal team has more than 60 years of experience in family law.
What Types Of Orders Can Be Modified?
There are several categories of divorce orders and other family law decrees that can be updated after they have been finalized. You can ask for modifications to the terms of:
- Child custody and parenting time provisions, due to relocation or other situations that may warrant a modification of custody
- Health insurance payments dictated by the original decree
- Alimony/spousal support
- Child support payments
To obtain a modification, you’ll need to show that you or your ex-spouse has had a “material and substantial change” in circumstances to allow the changes. If you are the party being asked to change and wish to challenge the request, you will need to prove that circumstances remain similar to when the decree was made.
Answers To Common Post-Judgment Modification Questions
At Commonwealth Legal Group, LLC, our attorneys believe in assisting you in moving into life after divorce with confidence. That feeling of confidence comes in part when you are fully informed about how the law works. Here are answers to a few common questions related to the modification process.
How do I ask for a post-judgment modification?
If you and your ex agree that circumstances have changed and modifications are needed, you may file a Joint Petition/Motion to Change Judgment/Temporary Order. A court should review your motion in 30 days or less. If you desire a modification and your ex does not agree, you will need to file a Complaint for Modification in the probate and family court where the decree was issued.
Can I lower my child support if I lost my job in Massachusetts?
A permanent job loss could qualify as a substantial and material change in your ability to pay support. The court will evaluate your modification request using the terms of the support orders for context.
Does child support change when my child goes to college, and who pays for college tuition after divorce?
Massachusetts law does allow courts to order child support to continue past the age of 18 if the child is still dependent on parental financial support. They may also order one or both parties to pay for their child’s college tuition. The individual financial situations of you and your ex will be used by the court to determine if there might be a change in child support or tuition orders after your child turns 18.
How do I end alimony when I retire?
The Massachusetts Alimony Reform Act, passed in 2012, mandates that alimony payments required by the terms of a divorce order stop when a payor reaches “full retirement age,” typically 67 years old. The burden of proof after that rests with your ex to prove that they should continue to receive alimony.
Discuss All Of Your Modification Questions In An Initial Consultation
Bring your modification-related questions to an initial consultation, which you can set up by calling us at 508-475-9684 or filling out our online contact form. From our offices in Medway, and Westford, we serve families throughout the MetroWest region.