Family law orders such as child custody, child support, and alimony are based on the circumstances at the time the order or judgment was issued. But life rarely stays the same. When material changes occur—such as a job loss, relocation, or changes in a child’s needs—it may be possible to seek a legal modification to an existing family court order or judgment in Massachusetts.
What Justifies a Modification?
To modify a custody, support, or alimony judgment in Massachusetts, the requesting party must show that there has been a material and substantial change in circumstances since the original judgment. In child custody cases, a change must also be in the best interests of the child. Common events that may trigger a reassessment include:
- A parent moving a significant distance or out of state
- Loss of employment or major change in income
- One parent’s inability to comply with the current arrangement
- A child developing new educational, emotional, or health-related needs
- Remarriage or the introduction of new family dynamics
- Changes in healthcare or childcare expenses
How the Courts Evaluate Requests
Courts will assess not only whether a significant change has occurred, but whether that change justifies altering the existing order or judgment. For example, a small raise in income might not support a modification of child support, but a permanent job loss could. For alimony, Massachusetts law also allows for modification or termination upon the remarriage or cohabitation of the recipient.
In custody cases, the focus remains on whether the proposed change is in the child’s best interests. The court may consider the stability of the child’s environment, the ability of each parent to meet the child’s needs, and the child’s own preferences depending on their age and maturity.
Starting the Modification Process
To initiate a modification, the requesting party must file a Complaint for Modification in the Probate and Family Court where the original judgment was entered. Supporting documentation, such as financial statements, proof of employment changes, or medical records, should readily available to exchange in discovery and to use at time of trial.
If both parties agree on the proposed changes, they may file a Joint Petition for Modification and present a written agreement to the court for approval. This is often a quicker and less adversarial process.
Why Legal Guidance Is Important
Even when both parties agree that a change is needed, having legal guidance ensures that the modification complies with Massachusetts law and avoids unintended consequences. Without a court-approved order or judgment, informal agreements between parents or former spouses may not be legally enforceable.
If you are considering modifying a custody, child support, or alimony order in Massachusetts, it is important to understand your rights and obligations. Contact an experienced Massachusetts family law attorney to discuss your options and protect your legal interests.