Divorce is a life-changing event. Though divorce brings about significant immediate change, it also opens the door for significant change down the road. For example, if one spouse remarries, they may no longer be entitled to receive alimony from their ex. In other cases, if a parent wishes to relocate with their child, it may impact their custody agreement, thereby warranting a modification. In any case, if you believe your divorce agreement no longer reflects your current circumstances, a skilled Bristol County divorce modification lawyer here at the Law Offices of Cynthia L. Hanley stands ready to guide you through the process.
Qualifying for a Divorce Modification
To qualify for a post-divorce modification in Massachusetts, one must typically demonstrate a “material and substantial change in circumstances.” This means that the situation has significantly changed since the original order was put in place, necessitating an adjustment to better fit the current needs or realities of those involved. This isn’t always easy or straightforward to prove, so it’s essential to have a competent Bristol County family lawyer in your corner.
Modifying Child Custody in Massachusetts
Certain conditions may lead to a modification of child custody in Massachusetts, especially when the change serves the child’s best interests. These conditions include:
- Parental Relocation: If one parent plans to move a significant distance, it may affect existing custody and visitation arrangements.
- Substance Abuse Issues: Evidence of substance abuse by a parent, especially if it impacts their ability to care for the child, may necessitate custody modifications.
- Abuse or Neglect: New evidence of abuse, neglect, or an unsafe environment can prompt the court to reconsider custody arrangements.
- Changes in a Child’s Needs: As children grow, their educational, emotional, or medical needs may change, sometimes requiring custody adjustments.
- Parental Non-Compliance: If one parent consistently fails to follow the custody agreement, the other parent may request a modification.
- Improvement in Circumstances: A parent who has improved their circumstances, such as through treatment for a past substance abuse issue, may seek increased custody or visitation rights.
Modifying Child Support in Massachusetts
Massachusetts courts allow child support modifications when certain circumstances change substantially. Valid reasons for modification may include:
- Income Changes: A significant increase or decrease in either parent’s income can justify recalculating child support.
- Job Loss or Employment Change: If a parent loses their job or must take a lower-paying job, they may seek to adjust child support payments accordingly.
- New Health Expenses: If the child develops a medical condition or needs special care, a modification may be necessary to support these expenses.
- Changes in Custody Arrangement: If the child spends substantially more time with one parent, support terms may need adjustment to reflect this change.
- Parent’s Additional Child Support Obligations: If one parent becomes legally responsible for supporting additional children, this may impact their ability to pay the original amount and necessitate a modification.
Modifying Alimony in Massachusetts
Alimony arrangements in Massachusetts may be modified when a significant change affects the financial status or life situation of either party. Circumstances that could lead to a modification include:
- Recipient’s Remarriage or Cohabitation: Alimony may be reduced or terminated if the recipient remarries or cohabitates with another person.
- Significant Income Change: If either spouse experiences a substantial increase or decrease in income, it may justify revisiting the alimony arrangement.
- Retirement: When the paying spouse retires, they may petition the court for a modification based on reduced income and earning capacity.
- Health Changes: If either spouse experiences severe health issues impacting their financial needs or ability to pay, it could necessitate alimony adjustments.
- Self-Sufficiency of Recipient: If the recipient becomes financially self-sufficient through career advancement or other means, alimony may be decreased or terminated.
Contact a Mansfield Divorce Modification Lawyer
Don’t seek a divorce modification without a knowledgeable and experienced lawyer in your corner. Our firm stands ready to assess the circumstances of your case, determine whether you may qualify for a modification, and work to protect your best interests. Contact the Law Offices of Cynthia L. Hanley today so we can get started.
