Massachusetts & New Hampshire Family Law Attorneys

Modifications

Massachusetts Modification Attorneys

A Modification action is where a prior Judgment is modified by Agreement of the parties and incorporated in a Modification Judgment by the Court or by Modification Judgment entered by the Court. At Socci & Nieves Family Law Group we assist clients in filing for, defending against, and resolving a variety of modification actions. We handle numerous modification actions including but not limited to those regarding child support, alimony, child custody, parenting plans, and health insurance.

Two people working over contract and mediation papers together

Understanding Modifications

What is modification?

A Modification action is where a prior Judgment is modified by Agreement of the parties and incorporated in a Modification Judgment by the Court or by Modification Judgment entered by the Court.

How to file for modification of a judgement?
    • Contested Modification Action
      • If you and the other party do not agree to change a judgment, you or the other party will have to file a Complaint for Modification.
      • In order to file you or your attorney will have to draft and file the necessary Court forms
      • Pay the filing fee. The filing fee varies based on type of modification action being filed and as set forth in the fee schedule set by the Court.
      • Serve the other party with notice of the modification action and a hearing will be scheduled.
    • Joint Petition for Modification
      • If you and the other party want to change a judgment, by agreement, the Court has an expedited administrative process to jointly change the judgment with the Court that may not require you to appear in Court in order to have a modification judgment enter.
      • The specific forms to be submitted to the Court depend on the nature of your case.
      • Once all forms have been filed with the Court they will be forwarded to the Judge assigned to your case. If the package is approved by the Judge, no hearing will be necessary, and the Court will issue and mail a copy of the modification judgment to the parties. 
      • The Court will notify you if any documents are missing and/or if you are required to appear in person for hearing on the agreement.
What do courts consider when reviewing a modification petition?

The factors that the Court considers when reviewing a modification petition depend on the legal issue(s) and/or terms of the Judgment that need to be modified. For example, there are different factors in a child custody modification versus an alimony modification.  The types of issues that might require a modification of a prior Judgment may include but are not limited to, a change in income, loss of employment, a change in custody, and a change in health insurance, to name a few. 

 

Issues that may warrant a modification

Retiring and needing a modification, reduction, or termination of your alimony obligation

Loss of health insurance as a result of loss in employment and/or retirement 

Increase or reduction in income of the party paying support

Change in parenting plan since last Judgment. For example, one reason for a change may be that the children are older, and their schedules have changed which requires a change to the parenting plan. Another example could be that a child spends more time with a party which was not the case when the last judgment was entered.

One party desires to move out of the state with the child(ren)

Child Support Modification

The Massachusetts Child Support Guidelines provide that a child support order may be modified if:

  • There is an inconsistency between the amount of the existing order and the amount that would result from the application of the guidelines.
  • Previously ordered health care coverage is no longer available.
  • Previously ordered health care coverage is still available but no longer at a reasonable cost or without undue hardship.
  • Access to health care coverage not previously available to a parent has become available.
  • Any other material and substantial change in circumstances have occurred.
    Child support modification guidelines/ other laws
  • The Massachusetts Child Support Guidelines are to be applied to all child support orders and Judgments that enter in the Probate and Family Court. The guidelines take into account a number of factors, including, but not limited to: each party’s income, health insurance costs, and childcare costs, to name a few.
  • There are a number of Massachusetts laws regarding child support, most significantly, G. L. Chapter 208, § 28 which provides for the care, custody, and maintenance of children born to parents who are married and G.L. Chapter 209C for children born to parents who are not married.
  • Draft and file the necessary Court forms
  • Pay the filing fee
  • Serve the other party with notice of the modification action.

Child Custody Modification

The factors that may warrant a Child Custody Modification:

  • Change in the parenting time and/or schedule since the entry of the prior Judgment
  • Need for change in parenting plan based on children getting older, new school schedule(s), and/or preference of the child(ren)
  • One party moves out of the state and/or relocates within the State but at a distance which requires a change to the parenting plan
  • Time has elapsed since the entry of the last Judgment and the needs of the parties and the children have changed.
  • An emergency has occurred warranting a change in custody and/or parenting time.

Child custody modification guidelines/other others

When parties separate they may not agree about issues regarding their child(ren), including but not limited to child custody. Where a child is under the age of eighteen (18), either parent can ask the court to make a decision by getting a court order for child custody and/or for parenting time. There are a collection of statutes that have been enacted in Massachusetts which govern child custody actions, both for children born to parents who are married and for children born to parents who are not married.

How to file a child custody modification

  • Draft and file the necessary Court forms
  • Pay the filing fee (varies based on the type of modification action being filed – fee schedule set by the Court)
  • Serve the other party with notice of the modification action.

Alimony Modification

There may be instances in which a party has a change in their finances which causes that party to seek a modification of the alimony that they receive. The party seeking an increase in alimony will need to be able to demonstrate to the Court that they have a need for increased support and that their former spouse has the ability to pay the increased support. An example where a party might seek an increase in alimony could be where they have had a decrease in their income, they have lost their employment, or they have had a health issue arise which limits or prevents their ability to work. In some instances, a party might seek an increase in alimony as a result of their former spouse getting a raise and/or starting a new job where they will earn more than they did at the time of the divorce.
How to contest an increase in alimony?
It is important to point out that the current caselaw in Massachusetts provides that the amount of alimony a former spouse receives is to be based on the lifestyle enjoyed by a said spouse during the marriage.
Factors that May Warrant a Modification to Decrease Alimony
  • Change in employment/income (reduction in income as a result)
  • Loss of job
  • Retirement and/or reaching full social security age
  • The alimony recipient is cohabitating
  • Durational limits for alimony have been met
Alimony Guidelines/Laws and How they Affect Modifications

The law regarding alimony modifications in Massachusetts is G.L. Chapter 208, sections 48 through 55. The law addresses a number of scenarios that might lead to the modification of alimony, including, but not limited to: a change in income for either party, loss of employment for either party, the payor spouse retiring, the recipient of alimony residing with a romantic partner and durational limits of alimony having been made based on the length of the parties’ marriage.

How to File an Alimony Modification?
  • Draft and file the necessary Court forms
  • Pay the filing fee (varies based on type of modification action being filed – fee schedule set by the Court)
  • Serve the other party with notice of the modification action.

Benefits to Working with Socci & Nieves for Modifications

Knowledge of child support, child custody, and alimony laws as well as a thorough understanding of the child support guidelines to ensure you are well represented in any modification action.

Advocacy in bringing, defending and assisting clients in resolving a modification action.

Knowledge in handling modification actions.

Ability to educate clients on the process and the law

Disclaimer: In accordance with rules established by the Supreme Judicial Court of Massachusetts, this website must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship.