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.