In Massachusetts, a Family Court judge will grant a modification when there has been a substantial or material change in circumstances. Until a party to a former action files said Complaint, there is no ability for the court to rule. Accordingly, when "things have changed," you must file first!
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Common Motivations for a Modification
I have worked on modifications requested for all of the following reasons: relocation, older children who want to spend more time with another parent, child support issues relating to lost jobs or new jobs, remarriage, special needs of children, etc.
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You Must Go Through the Proper Channels
We urge clients, even if they agree to a proposed change, to go through the proper channels when modifying any type of order. If you don’t make it formal, you can create a situation that is hard to prove to a judge in the future if that becomes necessary. Your off-the-record change will not be enforceable by the court, because there is nothing to enforce from a legal standpoint. Therefore, you should seek the advice of a family law attorney with experience working with modifications to be sure any changes you make are legal and enforceable.
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