Massachusetts Modification of Orders
Divorce agreements are not usually meant to last forever. When there’s been a change in circumstances, you can file a Complaint for Modification. The modification attorneys at Miller Law Group, P.C. handle cases ranging from simple to the most complex on all types of issues. We work with all sorts of clients, from the middle class to those with very high incomes and assets.
Modifications come in various forms and address many issues:
- Increasing Child Support
- Reducing Child Support
- Increasing Alimony Payments
- Reducing Alimony Payments
- Changing Custody or the Parenting Plan
- Terminating Child Support
How you facilitate a change in your divorce agreement is dependent on the status of your case, as well as the type of change you are requesting. In addition to filing a Complaint for Modification, another way to make a change in some cases is to file a motion. Examples of motions include:
- Motion for Reconsideration asks the same family court judge who heard your case to review his or her previously issued decision and make a change due to newly discovered evidence, an issue of fraud or a mistake of law.
- Motion to Set Aside asks a judge to vacate an existing support or custody order. Once the order is vacated by the family court, the rulings addressed in it no longer exist and they revert back to an unresolved status.
Beware of a Spouse Who Stalls & Delays in Court
Either spouse could file numerous motions and make never-ending discovery demands in hopes of increasing the other spouse’s legal bill to the point that he or she will run out of money and be forced to take a less favorable settlement. If this happens, you can file a motion for attorney fees, which also puts the court on notice of your spouse’s improper conduct.
Aggressive Modification Lawyers
The divorce modification attorneys, paralegals and professional staff at Miller Law Group, P.C. have nearly 100 years of combined experience in determining what circumstances can result in a change in a family court order or existing decree of divorce. Most important, we know which methods should be used to effect the modification in your particular court and with your judge. At Miller Law Group, P.C., we value fair and equitable family court orders. However, we also understand that a court order that once worked for you and your family may no longer be appropriate. This is when modification is appropriate.
If your circumstances have changed, you have a right to go back to court and ask for a modification of your agreement.
This means that you may have the ability to:
- Lower your child support payments — or seek an increase in the amount paid
- Reduce or terminate alimony payments
- Change your child custody / parenting plan
Your court orders should reflect your current circumstances. If something has changed that affects your circumstances — such as the loss of a job, taking a pay cut or your spouse getting a raise — we are here to help you file for a modification of orders. This may save you a considerable amount of money.
Contempt cases arise from non-compliance of court orders.
Parties can file a motion of contempt for the following reasons:
- Failure to pay child support
- Failure to pay alimony
- Non-compliance with the visitation agreement or parenting plan
- Non-compliance with provisions for division of property
Courts usually like to see that you have made a considerable effort to get what is owed to you before resorting to filing a contempt order, but this varies depending on the family court judge and the severity of the situation.
Who We Represent
Miller Law Group, P.C. represents people who find themselves in both situations. We represent people who need to modify an agreement, just as we are prepared to represent people who need to contest a modification. We represent people who are not receiving what the other spouse agreed to pay, and we can help spouses with modifications if they are unable to pay, which resulted in the non-compliance.
Contact our Massachusetts family lawyers for a free review of your case to learn your rights and options.