Modifications - Massachusetts

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If there has been a major change in your life you may be entitled to receive a change in your Court Orders. Below we have provided answers to many of the common questions that we are asked about Custody and how it is different for same-sex couples.

If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.

How are Modifications in Same-Sex Cases Different?

In many ways divorce law in Massachusetts treats same-sex marriages and opposite-sex marriages the same. For that reason we have included on this page many of the frequently asked questions about modifications below. However, it is also important for you to be aware of the few ways in which these cases will differ from opposite-sex cases. If you are facing a same-sex divorce, failing to recognize these differences or hiring counsel that is not aware of these differences could result in a significantly worse financial result in your case. Below we have provided one way that these cases can differ from opposite-sex modification cases:

ENFORCEMENT OF ORDERS OUT-OF-STATE: A few states that do not permit same-sex marriages, most vocally Texas, have refused to recognize same-sex divorce as well. In opposite-sex marriages, marriages from one state are recognized by all of the other states. However, the federal law DOMA (the "Defense of Marriage Act") states that no state is required to recognize same-sex marriages from other states. Therefore states that don't allow same-sex marriages can choose to not recognize same-sex marriages from other states as valid marriages. This means that they may also refuse to enforce same-sex Divorce Judgments against their state residents. Court Orders which may otherwise be enforceable across state lines, may lose their effect if your ex-spouse moves to one of these uncooperative states.

Frequently Asked Modification Questions:

What is a Complaint for Modification?
What counts as a "significant material change in circumstances?"
Can I obtain an immediate change in the Court Orders?

What is a Complaint for Modification?

A Complaint for Modification is the action by which you can request that the Court make a change to the past Court Judgments. If the Orders that you want changed are only Temporary Orders then you must request a change by Motion. A Complaint for Modification is the beginning of a new action and should only be used to change permanent orders which are called Judgments. To succeed on a Complaint for Modification you must prove two things: first you must prove that there has been a "significant material change in circumstances;" and second you must prove that the change in circumstances warrants a change in the Order. The standards for succeeding on a Complaint for Modification are explained at further length below.

What counts as a "significant material change in circumstances?"

A "significant material change in circumstances" is simply explained as a change in your life that is big enough to have an effect on the factors that related to the original Order of the Court. For example, if the Order that you want to change is a Child Support Order, then you must demonstrate that there has been a change to the factors that affect a Child Support determination, such as the income of the parties, expenses of the parties or needs of the children. In addition, you must demonstrate that that change is significant. In Child Support cases a good rule of thumb for determining significance is whether or not the change in circumstances would result in a 20% change in the Child Support Order.

Can I obtain an immediate change in the Court Orders?

Upon the filing of a Complaint for Modification the Court will issue a Tracking Order. The Tracking Order tells you who your Judge will be for the entire length of your case, and designates a timeline for the completion of your case, currently eight (8) months. This means that the goal of the Court is to hold a trial on your case within eight months if you are unable to settle your case before that. The Court will typically not allow a change prior to settlement or a trial unless there is an emergency that warrants a change. If you request an immediate change via Motion you should also file an Affidavit of Emergency to inform the Court why an immediate change is necessary. If you are not sure how to decide whether your circumstances warrant an emergency order, you should consult with an attorney.



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