After a final judgment is
entered in a domestic
relations matter,
whether a divorce
case, paternity
action, or other
proceeding –
whether the parties
have entered an
agreement or a
court has made
the decision –
it is more likely
than not that
circumstances
will change from
time to time with
the result that
the terms of the
Judgment are no
longer appropriate
to the current
situation.
Where the issues
relate to support,
the traditional
standard for making
a change is for
the person seeking
the modification
to show that there
has been a “material
change of circumstances.”
The changes bearing
on support may
relate to the
financial circumstances
of either party
or to the needs
of a child. The
extensive case
law on modification
sets out numerous
circumstances
that may warrant
a change in support-related
issues. The Massachusetts
Child Support
Guidelines provide
that “a
modification may
be allowed upon
showing a discrepancy
of 20% or more
between an established
order and a proposed
new order calculated
under these guidelines.”
Under Massachusetts
law, a modification
relating to support
issues may be
made retroactive,
but only back
to the date of
filing a Complaint
for Modification.
Therefore the
person in need
of the change
should not delay
in initiating
the filing of
a Complaint.
Where the issues
relate to a Parenting
Plan, the traditional
standard for making
a change is “the
best interests
of the child.”
After an original
custody determination
is made, courts
are often reluctant
to make changes.
The court is likely
to give weight
to the wishes
of a teenager,
but the child’s
preference at
any age is not
per se determinative
of a change.
Often a Judgment
or Agreement intentionally
leaves open a
future issue,
such as parental
responsibility
for college expenses,
and a Complaint
for Modification
is needed to resolve
a disagreement
or make the parents’
agreement enforceable
as a court order.
In accordance with rules established by the Supreme Judicial Court of Massachusetts.
This web site must be labeled "advertising." It is designed to
provide general information for clients and friends of the firm and should
not be construed as legal advice, or legal opinion on any specific facts
or circumstances. This web site is designed for general information only.
The information presented at this site should not be construed to be formal
legal advice nor the formation of a lawyer/client relationship.
|
|