Let’s set a set of facts: You went to the Probate and Family Court and received a judgment in your matter, be it for a divorce, support, custody, paternity, etc. As part of that judgment there were undoubtedly conditions or “rules” to be followed. However, now you are a few months or a few years out from that judgment and you realize that some of the conditions are not working. Or perhaps you want to change the rules because of circumstances unforeseen at the time the judgment was entered. Does this sound familiar? I know I get a lot of calls and questions with some variation of these facts.
So what exactly is the option for an individual living in the above facts? Well the same basic answer is that you need to pursue a Complaint for Modification. The standard for obtaining a modification is defined by Massachusetts General Laws ch. 208 §28, which states:
[M]odifying its earlier judgment as to the care, custody and maintenance of the minor children of the parties provided that the court finds that a material and substantial change of circumstances of the parties has occurred and the judgment of modification is necessary in the best interests of the children.
Be aware that the above quoted statute is specific to divorce but the standard applies to modifications in a variety of settings; the moving party will need to demonstrate “a material and substantial change in circumstances.” This means that simply because you do not like a specific condition or rule that you can go into court and change the judgment. While the standard is not prohibitively hard to meet it also ensures that parties try and work things out before rushing into court.
Modifications are important tools when used properly and effectively. One recommendation I have for clients when pursuing a modification is efficiency. The court doesn’t want to see you every few months so when you are seeking a modification, or determining whether a modification is appropriate, don’t just focus on the one issue that is nagging you most. Step back and look at the whole situation as objectively as possible. I don’t think it makes sense to pay an attorney to go to court five times when all the issues can be addressed at one time.
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