What Is A Divorce Modification?

      


WHAT IS A DIVORCE MODIFICATION?

A Modification is used when a party wants to change a Court Order.  As an example, this is used in child support cases when there is a material change in circumstances that can also be demonstrated.  It is imperative to understand that the Court will only address an issue that remained modifiable after Judgement has originally entered.

Common modifications in post-divorce cases usually involve child custody, child support, alimony, and health insurance.  Speaking with a family law attorney beforehand can help you predict the outcome of your modification.  Both parties will either agree or disagree with the modification.  If both parties are in agreement, the modification will be drafted and filed with the Court.

Some examples that may warrant a modification include, but are not limited to:

·         Job loss or business income reduction;

·         Increase in income / earnings;

·         Loss or change in health insurance;

·         Disability;

·         Retirement;

·         Moving children out of State or Country;

·         If durational limits for alimony have been exceeded;

·         If an alimony payee is cohabitating or the payor reaches full retirement age;

Typical court costs for Modification in addition to your attorney costs:

·         If your case is pending pending and you seek that the court change a temporary order, there is no filing fee;

·         If you ask the court to change a judgement concerning child support, custody, or visitation, the filing fee is $50 plus $5 for the summons;

·         If you ask the court to change a judgement concerning anything not regarding children, the filing fee is $150 plus $5 for summons;

·         If you cannot afford said filing fees and ask to waive the fees for both parties, reasons to request includes if you are on public assistance, have income after taxes of less than 125% of the poverty level and if you are paying fees that you could not pay for your basic necessities.

IMPORTANT THINGS TO CONSIDER WHEN FILING A MODIFICATION

It is imperative to understand that you should not sign any agreement, even if it’s a modification, if you do not fully understand and acknowledge what you are signing.  You also do not want to feel pressured into signing a modification.  It is advised to talk with your lawyer before you sign anything.  If you need assistance, please do not hesitate to contact Fernandez, Socci & Nieves Family Law at (978) 681-5454 info@fsnfamilylaw.com so that you know your options and can formulate a strategy for you.


About the Firm

Fernandez, Socci & Nieves Family Law, based in North Andover, Massachusetts, not only serves North Andover, MA, but also Andover, MA, Methuen, MA, Boxford, MA, and West Boxford, MA and surrounding areas, including Southern New Hampshire.  The law firm has consistently been recognized as a “Best Law Firm” from in US. News & World Report .  If you are considering divorce, or have other family law-related concerns such as child custody, mediation / arbitration, modifications, pre-nuptial / post-nuptial, or paternity matters, consider contacting Fernandez, Socci & Nieves Family Law.


For more information and to discuss your situation with an experienced family law / divorce attorney in North Andover, MA, please visit our website
. To learn more about the U.S. News & World Report of Fernandez, Socci & Nieves Family Law, click here .

For a family law and divorce consultation serving Andover, MA, 
contact us at Fernandez, Socci & Nieves Family Law

(978) 681-5454 info@fsnfamilylaw.com

In accordance with rules established by the Supreme Judicial Court of Massachusetts, this web site and/or web page must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances. This web site and/or web page is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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