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When to File a Complaint for Modification

Most likely your divorce agreement/judgment will have to be modified at some time in the future, especially if you have children.  Issues such as child support, parenting plans, and health insurance benefits are likely “merged” into your final divorce agreement and therefore are modifiable.

The most common reasons for modifying a child support order are:

  • If, under the current Massachusetts child support guidelines, the amount owed is less than or greater than the amount of child support in the original divorce;
  • Your health insurance premiums have increased or decreased since the date of your last child support judgment OR the other parent can now get more affordable health insurance than he/she could have in the past; or
  • A material and substantial change in circumstances has occurred since your last child support judgment which would warrant an increase or decrease in your child support order. The most common change in circumstances are an increase and/or decrease in the incomes of either parent, a change in the child’s living arrangement, and a child’s attendance at college.

It is important to remember that you should file a Complaint for modification of child support IMMEDIATELY following the change in in circumstances.  A Judge can only apply the new child support amount retroactive to the day the Complaint for Modification was served on the opposing party.  In other words, if you lose your job but do not file and serve your Complaint for Modification until six (6) months later , a Judge will not be able to modify the child support amount for that six (6) month period.

Hindell has successfully negotiated, litigated and arbitrated hundreds of cases on behalf of her clients. Several of her successes have been published in Massachusetts Lawyer's Weekly and she has been featured in the Needham Tab, Boston Business Journal and the Boston Globe.
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