Help… I Want To Change My Divorce Agreement

Custody/Visitation:

If you want to change custody, you must be able to show that there is a significant change of circumstances since the custody order was entered and that your desired change is in the child’s best interest. Your child’s desire to move in with the non custodial parent may be a reason to change custody.

You can also change the parenting plan or the visitation schedule when needs change—yours, your children’s or your ex-spouse’s. For example, as your children grow older, the visitation schedule or the present parenting plan no longer works for them. Sometimes a parent may be abusing alcohol or drugs or neglects the children when the children are under his/her care. If your ex-spouse leaves your children with their new spouse, with neighbors, or alone instead of spending time with them, could also be a reason to support a change in custody and/or visitation. If a new boyfriend/girlfriend moves in with your ex-spouse, you may want to eliminate overnight visits.

Child Support Orders:

In general, to modify child support orders, there must be a material change in circumstance that affects either one former spouse’s need for support or the other former spouse’s ability to pay. However, a child support order may also be modified without the occurrence of a change in circumstance if the current order differs from the amount indicated using the child support guidelines. For example, the Massachusetts Child Support Guidelines changed in January 2009. If your child support has not been modified since January 2009, you may be entitled to an increase in the amount of child support you are receiving or a decrease in the amount of child support you are paying. You should consult an attorney and discuss whether you should file a complaint for modification.

Alimony:

The chief consideration in changing an award of alimony is whether the financial circumstances of one of the parties have substantially changed. The change in circumstances must be “material”, taking into account the needs of the person receiving the alimony and the ability to pay of the person with the obligation. One common example of a change in circumstance affecting someone’s need for alimony is the remarriage of a person receiving alimony. Remarriage will end a person’s right to receive alimony unless the original divorce agreement provides otherwise. A significant inheritance can also be a material change in circumstance that justifies a reduction or elimination of alimony.

College Education:

Often times a divorce agreement is silent with regard to college education. Perhaps the parents could not agree on this issue or sometimes the children were too young to even think about it. Sometimes, the parties agreed to share the expenses and one parent can no longer afford to contribute. Sometimes, the parents cannot agree on the costs and/or what is considered a college expense. If your children are in their junior year in high school and plan on attending college after high school, this is a change in circumstance that could also modify your child support or even alimony.

Property Division:

For the most part, you cannot modify a judgment which divides marital property. You may be able to modify a judgment that divided marital property when there has been fraud or a mistake. On rare occasions, the court may also decide that a matter that is closely associated with the division of property is actually an issue of support. For example, a court may find that the right to occupy the formal marital home is actually an issue of support and not a division of marital property.