| DIVORCE & PATERNITY MEDIATION |
COLLABORATIVE LAW |
ATTORNEY REPRESENTATION |
Modifications - Boston, Framingham & Worcester
If there has been a major change in your life you may be entitled to receive a change in your Court Orders. Below we have provided answers to many of the common questions that we are asked by our clients involved in Modification disputes. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
What is a Complaint for Modification?
A Complaint for Modification is the action by which you can request that the Court make a change to the past Court Judgments. If the Orders that you want changed are only Temporary Orders then you must request a change by Motion. A Complaint for Modification is the beginning of a new action and should only be used to change permanent orders which are called Judgments. To succeed on a Complaint for Modification you must prove two things: first you must prove that there has been a "significant material change in circumstances;" and second you must prove that the change in circumstances warrants a change in the Order. The standards for succeeding on a Complaint for Modification are explained at further length below.What counts as a "significant material change in circumstances?"
A "significant material change in circumstances" is simply explained as a change in your life that is big enough to have an effect on the factors that related to the original Order of the Court. For example, if the Order that you want to change is a Child Support Order, then you must demonstrate that there has been a change to the factors that affect a Child Support determination, such as the income of the parties, expenses of the parties or needs of the children. In addition, you must demonstrate that that change is significant. In Child Support cases a good rule of thumb for determining significance is whether or not the change in circumstances would result in a 20% change in the Child Support Order.Can I obtain an immediate change in the Court Orders?
Upon the filing of a Complaint for Modification the Court will issue a Tracking Order. The Tracking Order tells you who your Judge will be for the entire length of your case, and designates a timeline for the completion of your case, currently eight (8) months. This means that the goal of the Court is to hold a trial on your case within eight months if you are unable to settle your case before that. The Court will typically not allow a change prior to settlement or a trial unless there is an emergency that warrants a change. If you request an immediate change via Motion you should also file an Affidavit of Emergency to inform the Court why an immediate change is necessary. If you are not sure how to decide whether your circumstances warrant an emergency order, you should consult with an attorney.Click here to learn more about Contempts.
