Modification

Post-Divorce or Post-Paternity Modifications

Modification Andover MA 01810
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;
  • Disability;
  • Retirement;
  • 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.

 To discuss whether your situation warrants filing a Complaint for Modification, call Patricia S. Fernandez & Associates and a member of our legal team will explain your options and will help you to choose the strategy that is right for you. Call (978) 681-5454 or Click Here to request a Consultation.