After a Divorce or Paternity has gone to Judgment, a Complaint for Modification may be necessary to modify issues relating to child support, child custody or visitation or alimony.
Child Support Modifications
Child Support can be modified at any time based upon a substantial and material change of circumstances. A substantial and material change of circumstances is often defined as an decrease or increase in income that could change the child support guideline calculation by 20% or more.
A change in a custody or visitation order may also be a substantial and material change of circumstance that would warrant a Modification of an existing child support order.
Child support orders should be reviewed every 3 years and such Modifications are acceptable without the need to prove a substantial change of circumstance.
Child Custody/Visitation Modifications
Child Custody and Visitation Orders can be modified at any time prior to the child turning 18 years of age also based upon a substantial and material change of circumstances.
Visitation: examples of a substantial and material change of circumstances for a Modification of an existing visitation order could be:
- A parent relocating to another town or out of state
- A change of employment
- A child growing older may require a change of visitation to make the parenting plan accommodate the child’s school/extracurricular schedule.
Most Alimony orders are modifiable based upon a substantial and material change of circumstance. The 2011 Massachusetts Alimony Reform Act allows for the modification of existing alimony orders based upon the new law. In most cases, alimony is terminated upon the payor reaching full social security retirement age.
Alimony can also be reduced or terminated due to a change of income of either the payor or the recipient or due to the recipient’s cohabitation with another individual who is contributing the to the household finances.
Let Swanson & Moors, LLC Help You Today
If you have any legal needs regarding modifications, you can’t afford to pass up a free consultation with an experienced attorney. Contact Swanson & Moors, LLC today.
Swanson & Moors, LLC services all of Plymouth County, Bristol County, Norfolk County, and Barnstable County.