Divorce decrees and separation agreements are designed to reflect the realities of life at the time they are made. But as time passes, those circumstances may change significantly. Massachusetts law allows individuals to request modifications to child custody, child support, or alimony orders when a substantial change occurs.

Common Reasons for Seeking a Modification

While the reasons for seeking a modification are varied, some of the most common include:

• A parent gets a new job or loses their job
• A child’s medical or educational needs increase
• One parent relocates or travels frequently for work
• An ex-spouse remarries or begins cohabitating with a new partner
• A child wishes to spend more time with one parent

Each of these scenarios can warrant a re-evaluation of a court order, particularly when the current arrangement no longer serves the best interest of the child or reflects the parties’ financial situations.

Understanding the Legal Standard

Massachusetts courts apply a “material and substantial change in circumstances” standard to determine whether a modification is appropriate. For custody cases, the court must also consider whether the change serves the best interests of the child. For alimony, Massachusetts law also allows modification when the recipient’s financial need changes or when the payer retires.

Courts will not revisit an order just because one party is dissatisfied. There must be evidence that the current terms are no longer appropriate or equitable.

Filing for a Modification

The legal process starts by filing a Complaint for Modification with the Probate and Family Court. If a party is seeking to change support payments, updated financial statements and documentation will be required. In custody cases, the court may appoint a guardian ad litem or schedule a hearing to gather more information about the child’s needs.

It’s worth noting that the Department of Revenue (DOR) can assist in modifying child support if the order is more than three years old or if either parent has had a significant change in income.

Working Toward an Agreement

Whenever possible, parties are encouraged to work together to reach an agreement outside of court. A signed stipulation or joint petition can streamline the process and avoid the emotional toll of litigation. However, court approval is still required to make any modification legally binding.

If you’re unsure whether your situation justifies a modification, consult with a family law attorney who can review your current order and provide practical guidance. A knowledgeable attorney can help you protect your rights while navigating changes in your life.