POST-DIVORCE DISPUTES
Regardless of whether your divorce issues are settled by both parties or determined by a court, sometimes things change. In these cases, you can seek modifications to the
Settlement Agreement or court order.
The key in seeking any modification is to show that there has been a “material” change in circumstances. Requests for post-divorce decree modifications typically center on child support, custody and parenting, or alimony.
Child Support Modification
Starting in 2009, a child support order may be modified if any of the following circumstances exist:
1. The existing order is at least three years old; or
2. Health insurance previously available at reasonable cost is no longer available; or
3. Health insurance not previously available has become available; or
4. Any other material change in circumstances has occurred.
If you find you have grounds for seeking a child support modification, call (800) 910-DIVORCE or contact us for a no-obligation consultation.
Read our Special Report on how to prevail on a Modification Action, and then
go here to listen to our radio ad #9R.
Modifying Custody or Parenting Plans
The Massachusetts standard for modification requires that there be a material change in circumstances. The most common situations presented to the court as grounds for modification requests are:
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New spouse or boy/girlfriend of one parent has problems with child
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Safety issue regarding child
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Remarriage or subsequent divorce
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Unforeseen expenses, such as emergency medical expenses
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Drug or alcohol abuse
These situations can affect either party. For example, a custodial spouse might present the argument that visitation should be limited because the non-custodial parent is exposing the children to inappropriate situations.
If you find you have grounds for seeking a modification relating to custody or your parenting plan, call (800) 910-DIVORCE or contact us for a no-obligation consultation.
Read our Special Report on how to prevail on a Modification Action, and then go here to listen to our radio ad #9R.
To learn more about our Modification Paperwork Service, go here.
Alimony Modification
In Massachusetts, a substantial change in need or ability to pay can be grounds for the
modification of alimony. You may be able to lower what you pay, increase what you receive or have payments terminated all together. Below is a list of common reasons for alimony modification:
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Illness, loss of job or other circumstances can create the presumption that one would be justified in a modification. If the spouse receiving support loses his or her job or becomes ill, the courts can increase the amount of support temporarily. The same is for the obligor. If the obligor loses a job or becomes ill or unable to maintain the court-ordered support, the courts can decrease support temporarily. At the end of a set period of time support payments revert back to the previous amount.
An income increase is not the only reason one can modify support due to changed circumstances. Other reasons include:
- A decrease or elimination of the recipient’s need for support. The court may reduce or terminate support at the obligor’s request. This can happen when the recipient gets a job with a higher salary, remarries or, in certain circumstances, begins to cohabitate with another person.
- A spouse becoming unable to support himself or herself due to a physical or mental condition may result in a support modification. If the recipient becomes disabled, he or she can request a modification to increase support. If the obligor becomes disabled, then he or she can request a modification to decrease support.
- A financial emergency occurring, for instance when a spouse must pay large medical bills or pay out money due to some other unexpected emergency. In such cases either spouse may request for a decrease or increase in the amount of support paid or received.
To learn more about modifying alimony, call (800) 910-DIVORCE, contact us for a no-obligation consultation, or go to our Alimony Calculator.
Read our Special Report on how to prevail on a Modification Action.
Listen to our Radio Ad on filing a Complaint for Modification.
To learn more about our Modification Paperwork Service, go here.
Enforcement – Contempt Actions
When one party has violated a clear and unequivocal court order, Attorney Irwin M. Pollack and the lawyers from The Massachusetts Family Law Group can help.
We can take action if the other party is not paying child support or alimony, interfering with parenting rights, or otherwise ignoring the terms of a court-approved agreement.
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If one parent won’t tell the other where the child is, they are in contempt.
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If one parent won’t provide receipts for child care, they are in contempt.
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If one parent won’t allow the other contact with the children, they’re in contempt.
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If the obligor of support doesn’t pay – or is continually late – they’re in contempt.
Additionally, if you read the fine print on a court-issued summons, you’ll see how the filing or service of a Massachusetts divorce action results in an automatic asset restraining order. Each party is to refrain from certain financial transactions without the permission of the other party, or a specific court order.
Quite often, one party will sell, transfer, encumber, conceal, assign, remove or in some way dispose of a joint asset. In this case, the opposing party would prevail if they filed a Complaint for Contempt.
The remedy for Contempt actions is such that the Court can order an a jail sentence, payment of the full amount due, regular payment of current support and any additional amount towards the arrears, community service, job placement efforts and the like.
To discuss your post-divorce matter, call (800) 910-DIVORCE or contact us for a no-obligation consultation. Our offices are in Norwood, Andover, Worcester, Springfield, Plymouth and on Cape Cod. We offer 5AM and weekend appointments as indicated on our Consultation Calendar.