When life changes after a divorce or family court judgment, the original court orders may no longer fit the needs of the parents or children involved. A modification order is the legal process for updating an existing judgment so it reflects current circumstances. At Kelly & Murstein, many clients seek guidance on when and how to pursue a modification and what the court requires before changing a prior order.
Why Would Someone Need a Modification Order?
Massachusetts courts expect families to follow the terms of their original judgment whether it concerns child support, parenting time, alimony, or another family law issue. However, the court understands that circumstances can change. When those changes are significant, long-lasting, and not anticipated at the time of the original judgment, a party may request a modification so the order remains fair, workable, and in the best interests of the child.
What Issues Can Be Modified in Massachusetts?
Most family-related court orders can be modified, including:
- Child custody and parenting time
- Child support
- Alimony
- Health insurance or uninsured medical expense provisions
- Certain aspects of divorce agreements if they are not deemed final and unmodifiable
However, property division determinations generally cannot be modified unless both parties agree or there is evidence of fraud.
What Counts as a Material and Substantial Change in Circumstances?
Massachusetts requires proof of a material and substantial change in circumstances before the court will modify an existing judgment. Common examples include:
- Significant change in a child’s needs (medical, educational, or emotional)
- Change in a parent’s work schedule that affects parenting time
- Relocation that impacts the parenting plan
- Job loss or major change in income affecting child support or alimony
- Discovery of new information that was not available at the time of the original judgment
- Persistent failure of one party to comply with the existing order
Courts review each case individually to determine whether the change justifies modifying the judgment.
How Does Someone Request a Modification Order?
To request a change, a party must file a Complaint for Modification with the Massachusetts Probate and Family Court. The filing should clearly explain:
- What part of the judgment should be changed
- The specific change being requested
- The material and substantial change in circumstances supporting the request
The court may issue temporary orders while the case is pending, and parties may resolve the matter through negotiation or mediation. If no agreement is reached, the court will hold a hearing and decide whether the modification is appropriate.
What Are Common Mistakes When Filing a Complaint for Modification?
Many individuals unintentionally weaken their case by making avoidable errors, such as:
- Filing without clear evidence of a material and substantial change
- Requesting changes based on temporary or minor issues
- Failing to attach supporting financial documents
- Attempting to change property division or a final non-modifiable term
- Not following the existing order while waiting for the modification to be heard
- Relying on informal agreements instead of a court-approved modification
Courts require strong documentation and clear reasoning, so preparing a well-supported filing is essential.
When Should You Consider Speaking with an Attorney?
Modification cases can be straightforward but they can also become complex quickly, especially when parents disagree about parenting time, child needs, or financial changes. An attorney can help evaluate whether a change in circumstances meets the legal standard, prepare the necessary documents, avoid costly mistakes, and present the case effectively to the court.
If you believe your current family court order no longer fits your situation, the family law attorneys at Kelly & Murstein can help you understand your rights and guide you through the Massachusetts Complaint for Modification process. Contact Kelly & Murstein today to discuss your circumstances and explore the best path forward.
