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Post-Divorce Modifications: Modifying Child Custody, Support, and Alimony Orders

At Porcello Law Offices, we understand that life is fluid and circumstances can change rapidly, often impacting the agreements established during a divorce. One of the most common misconceptions about divorce agreements is that once they’re settled, they’re set in stone. That’s far from the truth. We’re here to guide you through the process of post-divorce modifications involving child custody, child support, and alimony orders in Massachusetts.

Modifying Child Custody Orders 

Child custody modifications may be necessary if there’s a significant change in circumstances that affects the child’s well-being. For instance, a parent may need to relocate due to a new job opportunity, or there might be a substantial shift in the child’s educational or health needs.

The courts in Massachusetts prioritize the best interests of the child above all else when deciding on child custody matters. Therefore, the parent seeking the modification needs to demonstrate that the changes are beneficial for the child. It’s also important to note that the court is less likely to approve frequent modifications, as stability and consistency are considered critical for a child’s development.

Modifying Child Support Orders 

Child support payments are intended to cover a child’s basic needs, such as food, clothing, healthcare, and education. In Massachusetts, the amount of child support to be paid is determined by applying the Massachusetts Child Support Guidelines, which consider factors like each parent’s income, the number of children, and the parenting time schedule.

However, life changes can impact the feasibility or appropriateness of the current child support order. A parent may experience a job loss, substantial income increase, or a significant change in the child’s financial needs. In such cases, the concerned parent can file a modification request with the court. They must show that there’s been a material and substantial change in circumstances since the last order was issued, or that the existing order differs from the amount that would result from applying the current guidelines.

Modifying Alimony Orders 

In Massachusetts, there are four types of alimony: general term, rehabilitative, reimbursement, and transitional. The amount and duration of alimony depend on various factors, including the length of the marriage, the ages and health of the parties, and their respective incomes and employability.

Changes in these factors, such as a substantial change in income, the remarriage of the receiving spouse, or cohabitation with a new partner, can warrant a modification in the alimony order. For instance, under the Alimony Reform Act of 2011, if the paying spouse reaches full retirement age or the receiving spouse cohabits with a new partner for more than three months, it could lead to a reduction or termination of alimony.

Taking the Next Steps 

At Porcello Law Offices, we understand that these modifications are not merely a bureaucratic matter – they have a profound impact on the lives of the parties involved, especially the children. Therefore, it is important to approach this process with a knowledgeable and experienced family law attorney.

Whether you need assistance with modifying a child custody order, seeking a change in child support payments, or adjusting an alimony order, we’re here to help. We’ll work closely with you to understand your unique situation, guide you through the complex legal procedures, and advocate for your rights and interests in court.

Remember, any modifications to child custody, child support, or alimony orders should always be approved by a court. Never agree to changes informally without involving the court, as you may find yourself in violation of the court order and subject to legal consequences.

Our team at Porcello Law Offices in Salem, Massachusetts, is committed to helping you navigate your post-divorce journey with competence, compassion, and a dedication to your needs. Contact us today to schedule a consultation and discuss your options. We’re here to help make your post-divorce modifications as seamless as possible.

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