Modification of Divorce Judgments
It’s not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. A party seeking to modify his decree must show a material change of circumstances. Those circumstances may include significant changes in income, relocation to another state, or problems relating to the proper care of the minor children.
Our office will ensure that, to the extent possible, our clients’ goals are achieved in light of the new circumstances while preserving those rights provided for in prior decrees.
Custody terms are binding but they are not permanent and can be changed under certain circumstances. In most Massachusetts, the court order for a change is called a “modification.” Technically, a party can pursue a modification at any time after the last order.
But remember that the party seeking the change (the “Plaintiff”) generally must show that a material change of circumstances has occurred since the entry of the original order.
If possible, the party seeking to modification should try and work out the change of circumstances with the other parent amicably. However, if the amicable approach is not successful then a complaint for modification may well be in order.
If you or someone you know is in need of a divorce modification then please call us at (855) 645-3782 for a free consultation.