Gloucester, MA Divorce Modifications Attorney
Modifying Custody and Support Orders in Massachusetts
An Attorney at RA JAWORSKI PC Can Guide You Through the Process
At the law firm of RA JAWORSKI PC, in Danvers, Massachusetts, our attorneys assist clients with the modification of existing court orders. Their years of experience and extensive legal knowledge allow them to effectively assert clients' interests and reach favorable outcomes that reflect their change in circumstances.
Did you know? Even if you make an informal agreement with your spouse to lower child support payments or alter visitation schedules, you can still be held in contempt of court. If you need to modify a divorce order, it is important to contact an attorney so you can properly file it with the court.
When Should You Seek a Modification?
Requesting a modification may be necessary when the original child custody or child support order no longer serves the best interests of the child or there has been a substantial change in circumstances rendering the original order unfair or unworkable.
There are specific circumstances under which the Massachusetts courts are likely to grant a modification, including:
- Change of residence (or modification of custody due to parental relocation)
- Substantial change of income for either parent which makes child support modification necessary (either reducing or increasing support)
- Serious injury or illness of a parent resulting in long-term or permanent disability
- Unforeseen health care or academic needs of the child
- Substantial college expenses
The team of experienced lawyers at the Massachusetts law firm of RA JAWORSKI PC can help you determine if you have a strong case for modifying custody or support. Please contact us to schedule a free initial consultation at our Danvers offices.
Please note, seeking modification as soon as possible after the loss of your job or other substantial change in circumstances can prevent enforcement actions against you.
Who Can Seek a Modification?
Either parent can file a complaint after a divorce and request that the court modify its orders regarding child custody or support. Also, a ''next friend'' — a third party acting for the benefit of the child — may seek modification after serving notice to both parents.
Under certain circumstances, a minor child may seek to express his or her preference regarding which parent has primary physical custody. However, this is almost never a controlling factor and the ultimate decision is left to the judge. Also, parents are able to seek support for college or other educational expenses if the child is living at home with one of the parents and is between the ages of 18 and 23.
What Can Be Modified?
Generally, only orders of child custody, support and visitation, and some alimony orders can be changed by the court. Decisions regarding the division of marital property are considered final and are not subject to modification after the divorce.
Many agreements designate what can and cannot be modified, except for child-related issues which can always be modified. It is important to consult an attorney who can provide you with a reliable evaluation of your case and who has the experience to fight for what is fair in court, if necessary.
Please contact our offices, in Danvers, Massachusetts, to schedule a free initial consultation with an accomplished child custody and child support modification attorney. Our lawyer assists people seeking divorce decree modifications in Beverly, Lynn, Peabody and throughout Massachusetts.
