In Massachusetts, you can modify a divorce decree, but certain conditions must be met. A divorce decree finalizes terms like alimony, child support, and custody arrangements. If life circumstances change, you may need to adjust some provisions. Understanding when and how to request a modification helps ensure the terms remain fair.
When can you change your divorce decree?
You can modify your divorce decree if a substantial change in circumstances occurs. This may include changes in income, health, employment, or living arrangements. For example, if you lose your job or receive a significant salary increase, you may seek a modification of child support or alimony. If your ex-spouse remarries or your child’s needs change, custody or visitation arrangements may also need adjustment.
Modifying child custody and support
You can modify child custody and support orders when a child’s needs change or if a parent can no longer meet obligations. A move or change in a parent’s work schedule could affect custody arrangements. Similarly, if one parent’s financial situation changes, you might adjust child support. The court will always prioritize the best interests of the child.
Adjusting alimony
You can modify alimony payments if either spouse’s financial circumstances change. For example, job loss, illness, or a salary increase can lead to modifications. If the recipient spouse remarries or becomes financially independent, alimony may end or reduce. Similarly, the paying spouse can request a reduction if their financial situation worsens.
The modification process
To modify a divorce decree, file a complaint for modification in Probate and Family Court. You must show that significant changes in circumstances have occurred since the original decree. The court will decide whether to approve the modification based on these changes.
Modifying a divorce decree is possible, but you must prove significant changes in circumstances. Whether it’s child support, custody, or alimony, understanding the process and what the court considers is necessary.
