Massachusetts Law About Modifications of Divorce, Child Support and other Family Law Judgments and Orders
Best Bet
Family Law Advocacy for Low and Moderate Income Litigants, 2d ed., 2008. Mass. Legal Services. Chapter 16 addresses modification proceedings. Online version of great book includes checklists, sample agreements and forms and so much more. Despite the title, those in all income brackets will find it useful. Best online source.
Massachusetts Laws
- MGL c.199A, s.13: Limits on retroactive modification
- MGL c.208, s.28: Modification of Massachusetts judgments concerning care, custody and maintenance of children
- MGL c. 208, s.28A: Temporary orders concerning care, custody and maintenance of children when modification is pending
- MGL c. 208, s.29: Modification of foreign judgments concerning care, custody and maintenance of children
- MGL c. 208, s.37: Modification of Massachusetts and foreign alimony judgments
- MGL c. 209D, s.6-601-6-612: Uniform Interstate Family Support Act - Enforcement and Modification of Support Order After Registration
Court Rules
- Mass. R. Dom. Rel P. 60: Modification of Orders and Judgments that can be Obtained by Filing a Motion (as opposed to Filing a Complaint for Modification)
Forms
Note: If you are a parent, earn less than $75,000, and want to modify (change) an existing child support order, you can use a free automated system that will ask you questions and then create the necessary court forms for you: See Changing a Child Support Order to get started.
Selected Massachusetts Cases
Ardizoni v. Raymond, 40 Mass.App.Ct. 734 (1996) : The standard for modification of child custody/visitation is a material and substantial change of circumstances since the prior judgment was entered and the desired change of child custody/visitation is in the child's best interest.
Cabot v. Cabot, 55 Mass.App.Ct. 756 (2002) : If an incorporated separation agreement or a divorce judgment fails to provide for a child's education, a modification complaint may be brought on the ground that the educational costs are a material and substantial change of circumstances.
Other Web Sources
Modify Your Court Order, Mass. Dept. of Revenue. " If you are a Department of Revenue Child Support Enforcement Division (DOR) customer and your youngest child is under the age of 17 ½ , we can assist you in going to court to ask for a modification of your child support order." Site discusses how to modify and gives instructions on how to fill out the form, offers a sample, and provides the DOR copy of the Modification form.
Print Sources
Massachusetts Divorce Law Practice Manual, 3d ed., MCLE, 2012 with supplement. Chapter 20: Modification.
Massachusetts Practice v.1-3 (Family Law and Practice), 3d ed., ThomsonWest, 2002 with supplement. Chapter 70: Proceedings for Modification.
Modification & Contempt Proceedings in Divorce Cases, MCLE, 2012.