Modifications of Judgments

Frequently, in divorce and family law matters, the parties' circumstances change warranting an alteration of the terms of the judgment. This process is called a modification.

Modifications are done by filing a complaint for modification stating specifically what term or terms of the judgment you want to change. Normally, the process is quite similar to that of the initial matter; a trial on the merits can be held if there is no settlement.

However, when both parties agree on the change, a complaint for modification is filed with an agreement for judgment on the complaint for modification. A hearing is scheduled for the judge to confirm the parties' agreement on the record.

Divorces often are resolved by an agreement. That agreement is made part of the judgment but is not always incorporated into the judgment. Often the agreement survives as an independent contract between the parties. When this is the case, the agreement is much more difficult to modify.

In Massachusetts, regardless of whether a divorce is resolved by an agreement between the parties or by judicial order, the court always retains jurisdiction over child related issues. Parties may file a Joint Petition for Modification of Child Support with the necessary financial documents in support. The modification will be done administratively and no court appearance is necessary.

PLEASE NOTE - THESE ARE GENERAL PRINCIPLES. YOU SHOULD SPEAK WITH AN ATTORNEY TO HAVE A BETTER IDEA OF HOW THESE AND OTHER PRINCIPLES APPLY IN YOUR CIRCUMSTANCES.

The Law Offices of Hans R. Hailey are located in Boston and Westwood, Massachusetts. Divorce and family law attorneys from the Law Offices of Hans R. Hailey frequently represent clients with family law matters in Boston and throughout Massachusetts.