Modifications

After a couple is divorced, a substantial change in the circumstances of either party may be grounds for a change in the terms of the divorce judgment or agreement. Child support, child custody and visitation orders can be subject to modification, whereas asset division is not.  Alimony provisions may or may not be subject to modification, depending upon the language of the divorce agreement.

Certain changes in circumstances may warrant a modification of an alimony award. Examples of these changes include but are not limited to:

  • Loss of employment
  • A change in employment resulting in a substantial increase or reduction in income
  • Retirement
  • A child about to enter college
  • A child’s illness or disability
  • Parenting or personal issues regarding children or a parent which may call for a change in custody or visitation

A modification action is started by filing a complaint for modification in the probate and family court where your divorce judgment was entered.  If you have moved out of the jurisdiction (either to a different county in Massachusetts or to a different state) since your divorce, we can help you determine where the modification action should be filed.

Our attorneys will evaluate any change in your circumstances and advise whether seeking a modification of your divorce judgment or agreement is appropriate.