Once a child support order has been ordered by a Probate and Family Court in Massachusetts, either party to the order can file what is known as a Complaint to Modify Child Support with the court. There are many reasons that one would wish to file for a child support order modification. The article below is designed to help inform the reader seeking a child support order change in Massachusetts. Please contact our offices if your wish to modify an existing child support order.
When Can a Child Support Order in Massachusetts be Changed?
- Change in the income of a parent (due to loss of employment, receiving unemployment or welfare, increase in wages, reduction in hours worked, receipt of worker’s compensation or disability, or becoming imprisoned.
- Expenses involved in caring for the child have changed (where the child’s health has changed significantly, or the child has moved)
- Health, dental or vision insurance provided by a parent has changed
- The Child Support Guidelines when calculated result in a different amount than the present child support order
What Changes Can be Made to a Child Support Order?
Attorney Gaudet will be able to request multiple changes to a current child support order as applicable, including:
- A change in the parent who pays child support
- a change in the parent who provides health insurance
- a change in the share of each parent related to unexpected medical, dental, or other child
- related expenses, or routine medical and dental expenses exceeding $250 annually
- a change in the amount received weekly (the child support amount)
NOTE: The Massachusetts Probate and Family Court must change a child support order where a properly filed Complaint to Modify Child Support has been accepted by the Court when the Child Support Guidelines indicate an amount of child support that is different from the ordered child support amount, or when a child is in need of health insurance and there has been a change in the health insurance (either a parent lost health insurance or has recently obtained health insurance).
When Does a Child Support Modification Take Effect?
If you succeed in modifying a previous child support order in a Probate and Family Court in Massachusetts, the change will begin when you served the parent. Service, in this context, refers to the parent receiving the complaint by sheriff or constable.
Why You Should File Early
A Complaint to Modify Child Support should generally be filed as soon as any of the changes described in this article occur. The reason that the Complaint to Modify Child Support should be filed soon is that the order can go back to the date that service of the complaint was complete. In other words, if you wait too long after the event triggering the grounds to file the Complaint to Modify Child Support, you may miss out on the benefits of either an increased or decreased weekly child support payment (depending upon your position).
Alternative Methods to Change a Child Support Order
It is possible that if the other parent will agree to sign a Joint Petition that you may be able to avoid the more involved complaint process described above. Our offices can file this petition for you, engaging with the other parent on your behalf, in order submit a Joint Petition to modify the current child support order.
Required Documentation for a Child Support Modification
As with most matters presented to the Probate and Family Court, you will need to file a financial statement and a Child Support Guidelines Worksheet with the appropriate Massachusetts Court. These documents are key to success in any case as you want to be sure that all relevant income is disclosed on these documents. We are practiced in the preparation of these documents and will assist you in developing an accurate picture for the judge of your current financial situation.
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