Family law orders are meant to provide structure, but life does not always stay the same.
A parenting schedule that worked two years ago may no longer fit a child’s school routine. A parent’s income may change. A child’s needs may shift. One parent may move, change jobs, or have a new schedule that affects parenting time.
When that happens, an existing custody, parenting time, child support, or alimony order may need to be revisited.
In Massachusetts, a court order remains in effect unless it is changed by a new court order. That means even if both parties are informally doing something different, the written order is still in effect.
What Is a Modification?
A modification is a request to change an existing court order.
The legal standard is the Best Interest of the Child. Judges rule on modifications based on how the change will affect the child – not whether or not the change is more convenient for the parent.
A Complaint for Modification may be filed when there has been a substantial material change in circumstances from the time of the existing order. If both parties agree to the change, a joint agreement for modification can be filed with the Court.
However, if there is a difference of opinion and one party does not want to change the order, a Complaint for Modification must be filed and served on the other party.
The Complaint for Modification must be drafted and state to the Court the specific change in circumstances that warrants a modification. There is no Court filing fee, but a $5.00 summons fee must be paid. The Summons and Complaint must be served by a constable or sheriff on the other party.
When a Modification May Be Needed
Modification requests occur when there has been a substantial material change in circumstances. This may include a change in a parent’s work schedule that requires a change in the parenting plan; a change in income resulting from a pay raise, or loss of income which may result in a child support modification or any number of circumstances that render the original order ineffective.
Please note that in the event a parent would like to move out of the Commonwealth or even to another town from the original order, a Complaint for Removal needs to be filed.
Child Support Modifications
Child support is always modifiable.
Child Support can always be recalculated to accommodate a payor’s increase or decrease in income; a recipient’s increase or decrease in income; emancipation of a child; a child reaching age 18 but still attending college; changes in custody.
For example, if someone loses a job or has a substantial reduction in income, they should not simply stop paying or decide on their own to pay less. Falling behind can create additional legal problems. The better approach is to get advice promptly and determine whether a Complaint for Modification should be filed.
Alimony Modifications
Alimony may also be subject to modification if your separation agreement has a merging alimony provision.
If there is a substantial change of circumstances from the date of the order to the existing change, a Complaint for Alimony Modification may be filed.
An Alimony modification is not automatically guaranteed. The legal standard is based on the payor’s ability to pay and the recipient’s need. The Court will follow the same Chapter 208 Sections 48 – 55.
When an Existing Order No Longer Works
Circumstances controlling custody, parenting time, child support, and alimony may change from the date of the initial order.
When an existing order is no longer working due to a substantial material change, a complaint for modification may be the solution if the other party will not agree to a joint modification.
At Fleischer Law Solutions, we help clients understand whether a modification may be appropriate and what steps may make sense based on their specific order and circumstances. Please contact us to schedule a consultation if you need assistance with a custody modification, parenting time change, child support issue, alimony issue, or another family law matter.