Alimony Modification

Life After Divorce: When and How to Modify Custody, Support, or Alimony in Massachusetts

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.

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Alimony Modification

Representing the Husband.  Defending against an increase in alimony.  The parties with three children were divorced after 23 years of marriage.  The Husband re-married.    Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment.  Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband’s income had increased substantially since the divorce.   Husband’s income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife’s income had increased as well, and her financial circumstances improved.   The matter proceeded to trial.  After trial, the court found that Wife’s expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage.  Wife’s counsel was repeatedly prevented over objection by Husband’s counsel from introducing evidence and testimony during the course of trial.  Wife’s complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

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