Post-Divorce or Post-Paternity Modifications
A Material Change in Circumstances Since the Entry of the Earlier Judgment
A party may file a Complaint for Modification of the Divorce or Paternity Judgment if he or she has experienced a material change in circumstances. A material change lies in large measure within the discretion of the Probate and Family Court judge, however, an experienced Family Law attorney can help you to predict whether a Probate and Family Court judge will recognize your change as material for the purpose of a modification.
Depending on the language of your agreement, a modification may be granted if it is related to child support or child custody, alimony or health insurance. A modification of a division of assets cannot occur; in the event an asset is discovered after the divorce, a different procedure is used.
The following situations may warrant a Modification:
- Loss of a job or business resulting in a reduction of income;
- Loss of health insurance;
- For pre 2012 Divorce Judgements, durational limits to Alimony being exceeded;
- Divorce Judgements entering after March 1, 2012, the payee cohabitating or the payor reaching full retirement age;
- A party’s earning a higher income since the judgment;
- A situation in which the custody or visitation arrangement is no longer in the best interests
of the children;
- Plans to relocate with the children to a different state or out of the country.