Child Support Modification Attorney, Massachusetts
Child Support Modification and Child Custody Modification: Handling Changes to Existing Child Related Orders
Child support modification attorneys will tell you that when a substantial change in circumstances exists after the court issues an order or judgment, it may be possible to have a modification occur to those orders, examples include child support or responsibility for college expenses or desire for more parenting time.
Our child support modification lawyer can answer your questions about modifications. Call (508) 377-4562 to schedule a consultation.
Changing a Child Support Order
Child support modifications occur when facts change from the date of the last order or judgment. Specifically, a modification can be filed in court upon an inconsistency between the amount of your current order and the amount that would result from application of the child support guidelines. This is different than requiring a substantial change of circumstances. Any update in the Child Support Guidelines will also trigger a party to modify their child support order. Child support modifications can result in those payments increasing or decreasing.
Child support modification examples that can constitute an “inconsistency” include when you change your job or receive a promotion that gives you a significant increase in income, Likewise, if you lose your job or become seriously ill or disabled.
Parties can also file modifications after the Child Support Guidelines are updated, typically every three years. For instance, Massachusetts is due for a change in the Child Support Guidelines later in 2021. For advice from a knowledgeable modifications lawyer in Norfolk County about your situation, call Angel Burke Law.
Changing a Child Custody Order
Child custody attorneys in Massachusetts, will generally say that you must have a good reason for the modification of a child custody order, such as a significant change in circumstances in your situation or with the health and welfare of the minor child. The change must also be in the child’s best interests. Child custody lawyers will ask a lot of factual questions to help assess your case. They need to make sure that the court considers the change to be big enough to warrant the requested modification.
How to Request a Modification for Child Support or Custody
Child support modification attorneys and child custody attorneys know best how to modify the existing child support or custody order. In short, it’s a new court case using your existing docket number. As a new court case, you need to file a complaint for modification. Our child support modification attorney can make a formal motion to the court on your behalf and show why modifying the existing order is necessary. Our child custody modification attorney can start the process of modifying your custody order.
Spousal Support Modification: Handling Changes to Existing Alimony Orders
Spousal support modifications can be based when a material and substantial change in circumstances occurs after the court issues an order or judgment. The changed circumstances can include an ability to pay or the financial need of the party receiving the support. Also, if your time has expired for being legally obligated to pay alimony, you also need to file a complaint for modification. There are also some other reasons, under the statutes, that could result in the suspension or termination of alimony. These include:
- Cohabitation- if the obligee consistency lives with another person as a couple for over three months;
- If the obligee remarries;
- If the obligee or obligor passes away;
- If the obligor reaches full retirement age (as determined by the Social Security Administration) usually around 67 years old.
If any of the above circumstances occur, you must file a complaint for modification seeking to modify, suspend, or terminate your spousal support obligation. It is not a good idea to unilaterally stop or change the alimony payments. Only a court can modify the order. If you do it without a court order, you risk being found in contempt of court.