Modifying Your Child Custody or Child Support Order
When the terms of your divorce are unjust or if circumstances have changed, you can modify your divorce decree. If you are having problems with your former spouse or the parent of your child is not following court orders, you can ask the court to hold him or her in contempt.
Modifying Your Divorce Judgment
Absent fraud, property division cannot be modified. Post-judgment modifications are only applicable to ongoing support issues, aspects of the parenting plan, or some aspects of insurance. The "change in circumstances" that may warrant a modification often involve significant changes in income, relocation of a parent, neglect or abuse of a child by an unfit parent or other circumstances. Our attorneys at The Massachusetts Family Law Group handle modifications that include:
- Child support and alimony modification: Whatever the reason, you can seek a change in the amount of support that you receive or pay. The court has the power to change support, so if you can't work something out with your spouse, you can always go to court.
- Custody modification: A change in custody is a major parenting plan modification and, generally speaking, must be filed as a separate action. Child custody modifications can occur as a result of an agreement between the parents or as a result of a court's determination that a change of custody is warranted. Contested child custody modification actions are among the most difficult in family law. They require the advice and counsel of a skilled and compassionate attorney who may not only be your advocate but an advocate for the best interests of your children.
- Parenting plan modification: One or both parties may request a modification of the final parenting plan based on changes to the residential schedule, decision making, holiday or special occasion schedules, transportation arrangements or restrictions on the visitation of one of the parents.
The lawyers at The Massachusetts Family Law Group have been successful securing and defending against both contempt and modification actions. Our post-divorce attorneys have prevailed on both sides of the support modification argument and successfully litigated child custody and parenting plan modification disputes involving allegations of sexual abuse, domestic violence, substance abuse, alcoholism and mental illness.
Not Getting Results From Your Current Lawyer?
If your modification case is not going the way that you want, or if you have lost confidence in your current lawyer, consider The Massachusetts Family Law Group. Our nine attorneys have handled modification cases in each of the different Probate and Family courts and one thing is for sure: your spouse and his or her attorney will know in an instant that you are serious when they learn that we are your lawyers.
If you have a parenting plan or support order in place, and you are interested in modifying some portion of that order, call a Boston divorce modification attorney with your questions at (800) 763-1030. Or, send an e-mail to schedule a free initial consultation. We represent people in modification matters in the Probate and Family courts in Essex, Norfolk, Suffolk and Middlesex counties.
