YouTube Hosted Videos
Alimony
Alimony Modification
Child Custody
Child Support Modification
Child Visitation
Guardianship
Guardian-Ad-Litem
Property Division
Prenuptial Agreement
Separation
Affiliate Quincy
Law Office
Joseph M. Lally
Serving Norfolk,
Plymouth, and
Bristol Counties
1233 Hancock Street
Rear
Quincy, MA 02169
Ph: (617) 686-4784
Affiliate Melrose
Law Office
Michelle R. Moucharite
Serving Worcester County
1 West Foster Street
Suite 11
Melrose, MA 02176
Ph: (781) 665-0092
Alimony
Alimony Modification
Child Custody
Child Support Modification
Child Visitation
Guardianship
Guardian-Ad-Litem
Property Division
Prenuptial Agreement
Separation
Affiliate Quincy
Law Office
Joseph M. Lally
Serving Norfolk,
Plymouth, and
Bristol Counties
1233 Hancock Street
Rear
Quincy, MA 02169
Ph: (617) 686-4784
Affiliate Melrose
Law Office
Michelle R. Moucharite
Serving Worcester County
1 West Foster Street
Suite 11
Melrose, MA 02176
Ph: (781) 665-0092
Mass Child Support Modification Video
Law Offices of
Robyn A. Briatico
Andover Law Office
Robyn A. Briatico
Serving Essex &
Middlesex County
300 Brickston Square
Suite 201
Andover,MA 01810
Ph: (617) 387-6800
Burlington Law Office
Robyn A. Briatico
Serving Middlesex County
15 New England Executive Park
Burlington, MA 01803
Ph: (617) 387-6800
Melrose Law Office
Robyn A. Briatico
Serving Middlesex County
2 Banks Place
Melrose, MA 02176
Ph: (617) 387-6800
Everett Law Office
Robyn A. Briatico
Serving Middlesex
Serving Suffolk County
1725 Revere Beach
Parkway
Everett, MA 02149
Ph: (617) 387-6800
Conveniently located
on RT16 just east of 93
approximately 3 miles
from Boston and 10 miles from Woburn. Parking is always free!
Massachusetts Child Support Modification Attorneys
Massachusetts modification attorney Robyn A. Briatico and her network of affiliated lawyers want to welcome you to our general information website on child support modification. Our top goal in the creation of this website is to provide our clients with a web portal that provides general information on a wide range of topics pertaining to the modification of a child support order. With the addition of YouTube hosted Child Support and Modification videos, our modification attorneys are focussed in making this website one of the top rank, top recommended, and best rated in its class.
In Massachusetts, you can obtain a modification of a child support order by way of motion on an open case or by way of complaint for modification after a case has gone to judgement. In order to obtain a modification of child support, you must show that a material change in circumstances has occurred since the last order or judgement.
Here are a few examples of situations that can potentially meet the courts "material change in circumstance" threshold which is needed to allow the court to either increase, decrease or leave unchanged the original child support order.
What situations or factors would the court consider as a "Material Change in Circumstance" that may warrant a Child Support Modification?
It is important to remember that you must continue to abide by the existing child support order until the court approves the modification. If you lose your job or retire and are no longer able to make child support payments as specified in the existing order, you should immediately file for a modification of an existing child support order. Until the modification hearing and final ruling, you must continue to make payments according to the terms and conditions of the existing child support order. Failure to do so is a violation of the existing child support order and punishable by a fine, jail time,or both if the court finds you in contempt.
Child Support Modification Frequently Asked Questions (FAQs)
Can the court deny the lowering of my child support obligation if I'm unemployed, retired, or decide to switch careers?
Answer: When you file a child support modification, the court will decide whether a change in circumstance warrants a modification. There are situations in which the court may deny your request to lower your child support payments and obligations as a result of job loss, retirement, or change in career so it's important to continue to make your child support payments on time until the court approves a change to the existing child support order.
Can a child support order be modified or changed if the non custodial payor parent (ex-husband or ex-wife) loses his or her job?
Answer: If the non-custodial payor parent was laid off or fired, his or her child support obligations may temporarily be lowered or reduced by the court until the parent can find a new job, assuming he has no other sources of income to pay his child support obligations. In some circumstances, the court may consider your household income (which includes your wife) to determine whether you have the financial resources to continue to meet your child support obligations while you look for employment.
The judge always has the final say as to whether to keep the original child support order or temporarily lower or reduce it due to a loss of job or employment. The court will be looking closely at the nature of the layoff and whether you have access to any other funding including your wife's income to determine whether a child support modification is warranted.
How is child support calculated or determined in a modification for child support in Mass?
Answer: The Commonwealth of Mass Administrative Office of the Trial Court developed the child support guidelines worksheet for use by the justices of the Trial Court to help determine what the minimum financial obligation is for each parent in the support of their children. If you file for a child support modification, you can use this worksheet to determine the minimum support that both parents must provide in the support of their children. One of the principles in the development of the guidelines is to encourage joint parental responsibility for child support in proportion to, or as a percentage of, income. The 2009 child support guidelines worksheet can be used for joint incomes up to $250,000/yr. If your joint income exceeds this amount, the child support order will likely be the amount determined by the worksheet for income of $250,000. In addition to this amount, the court has discretion to add even more child support based on what is in the best interest of your children.
Are there situations in which the court deviates from the MA Child Support Guideline worksheet when determining the amount of child support as part of the modification?
Answer: There are circumstances that may warrant a child support order that deviates from the Mass child support guidelines. If your existing child support order deviates from the child support guidelines and the facts of your case that warrant the deviation still exists and is in the best interest of your children, the court has the discretion to deviate from the child support guidelines.
Can you and your former spouse (ex-wife or ex-husband) come to a verbal agreement in modifying the existing Mass child support order without getting the courts permission?
Answer: You and your former spouse (ex-wife or ex-husband) can come to any verbal or written agreement but as far as the court is concerned, they will only enforce the child support order that is currently in effect until the child is emancipated or until the court changes the existing child support order by way of a modification. If you and your former spouse come to a verbal or written agreement to pay less child support due to your change in circumstance such as job loss or retirement, you run the risk that at a later date, your former spouse can file a contempt to recoup the child support that wasn't paid according to the the child support order. Your former spouse may recoup the missed or reduced child support payments regardless of your financial circumstance.
If you have an existing child support order in effect, you should modify the existing order through the court if you have a change in circumstance that warrants a child support modification.
_____________________________________
Child Support and Modification Lawyer
If you feel that a change in circumstance has occurred and a modification to an existing child support order might be warranted, we encourage you to call the law offices of Robyn A Briatico at 617-387-6800 or complete and submit the Divorce Contact Form to schedule your free 20 minute phone consult to discuss the specifics of your case and how we can help. We have offices conveniently located in Andover, Burlington, Everett, Melrose, and Quincy to better serve clients that reside in Middlesex County, Essex County, Suffolk County, Norfolk County, Plymouth County, and Bristol County.
In addition to Child Support Modifications, we can handle all types of family law matters including Divorce, Adoption, Guardianship, Rogers Guardianship, Paternity, Health Care Proxy, Basic Wills and Trusts, Alimony Modification, Visitation Modification, Separation Agreements, Prenuptial Agreements, to name a few.
In Middlesex County, our lawyers and attorneys can provide you with legal representation if retained to file for a modification of child support if you live in Acton, Arlington, Ashby, Ashland, Ayer, Bedford, Belmont, Billerica, Boxborough, Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut, Everett, and Framingham. They can also handle Prenuptial Agreements in Groton, Holliston, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Lowell, Malden, Marlborough, Maynard, Medford, Melrose, Natick, Newton, North Reading, Reading, Pepperell, and Reading. They can also work with you if you live in Sherborn, Shirley, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Wayland, Westford, Weston, Wilmington, Winchester, or Woburn.
In Suffolk County, modification lawyer Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Boston, Back Bay, Beacon Hill, Revere, Cambridge, Winthrop, or Chelsea.
In Essex County, modification attorney Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, and Ipswich. They can also handle North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, Swampscott, Topsfield, Wenham, and West Newbury. They can also work with you if you live in Lawrence, Lynn, Lynnfield, Manchester by the Sea, Marblehead, Merrimac, Methuen, Middleton Nahant, Newbury, and Newburyport.
In Norfolk County, modification lawyer Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Avon, Bellingham, Braintree, Brookline, Canton, Chestnut Hill, Cohassett, Dedham, Dover, Foxborough, Franklin, Holbrook, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, and Quincy. They can also work with you if you live in Randolph, Sharon, Stoughton, Walpole, Wellesley, Westwood, Weymouth, or Wrentham.
In Plymouth County, the law offices of Joseph M. Lally can provide you with legal representation if retained to modify an existing child support order if you live in Abington, Bridgewater, Brockton, Carver, Duxbury, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleboro, Norwell, and Pembrooke. They can also work with you if you live in Plymouth, Plympton, Rochester, Rockland, Scituate, Wareham, West Bridgewater, Whitman, or Eastbridgewater.
In Bristol County, the law offices of Joseph M. Lally can provide you with legal representation if retained to modify an existing child support order if you live in Acushnet, Attleboro, Berkley, Dartmouth, Dighton, Easton, Fairhaven, Fall River, Freetown, Mansfield, North Attleborough, Norton, Rynham, Rehoboth, Seekonk, Somerset, Swansea, or Westport.
In Worcester County, the law office of Michelle R. Moucharite can provide you with legal representation if retained to modify an existing child support order if you live in Ashburnham, Athol, Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, Charlton, Clinton, Douglas, Dudley, East Brookfield, Fitchburg, Gardner, Grafton, Hardwick, Harvard, Holden, Hopedale, Hubbardston, Lancaster, Leicester, Leominster, Lunenburg, Mendon, Milford, Millbury, and Millville. The other cities we serve within Worcester County include New Braintree, North Brookfield, Northborough, Northbridge, Oakham, Oxford, Paxton, Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, Southborough, Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Upton, Uxbridge, Warren, Webster, West Boylston, West Brookfield, Westborough, Westminster, Winchendon, and Worcester.
In Massachusetts, you can obtain a modification of a child support order by way of motion on an open case or by way of complaint for modification after a case has gone to judgement. In order to obtain a modification of child support, you must show that a material change in circumstances has occurred since the last order or judgement.
Here are a few examples of situations that can potentially meet the courts "material change in circumstance" threshold which is needed to allow the court to either increase, decrease or leave unchanged the original child support order.
What situations or factors would the court consider as a "Material Change in Circumstance" that may warrant a Child Support Modification?
- The existing child support order is at least 3 yrs old;
- Death of noncustodial payor parent;
- You become disabled and are unable to work;
- Child's custody changes;
- Unanticipated increase in educational costs of your child or children;
- Increased income or assets of noncustodial payor parent;
- Significant increase in income or assets of custodial parent;
- Reduced income of noncustodial payor parent due to illness;
- Job loss;
- Health insurance previously available at reasonable cost is no longer available;
- Health insurance which was not previously available at reasonable cost has become available; or
- any other material change in circumstances that has occurred.
It is important to remember that you must continue to abide by the existing child support order until the court approves the modification. If you lose your job or retire and are no longer able to make child support payments as specified in the existing order, you should immediately file for a modification of an existing child support order. Until the modification hearing and final ruling, you must continue to make payments according to the terms and conditions of the existing child support order. Failure to do so is a violation of the existing child support order and punishable by a fine, jail time,or both if the court finds you in contempt.
Child Support Modification Frequently Asked Questions (FAQs)
Can the court deny the lowering of my child support obligation if I'm unemployed, retired, or decide to switch careers?
Answer: When you file a child support modification, the court will decide whether a change in circumstance warrants a modification. There are situations in which the court may deny your request to lower your child support payments and obligations as a result of job loss, retirement, or change in career so it's important to continue to make your child support payments on time until the court approves a change to the existing child support order.
Can a child support order be modified or changed if the non custodial payor parent (ex-husband or ex-wife) loses his or her job?
Answer: If the non-custodial payor parent was laid off or fired, his or her child support obligations may temporarily be lowered or reduced by the court until the parent can find a new job, assuming he has no other sources of income to pay his child support obligations. In some circumstances, the court may consider your household income (which includes your wife) to determine whether you have the financial resources to continue to meet your child support obligations while you look for employment.
The judge always has the final say as to whether to keep the original child support order or temporarily lower or reduce it due to a loss of job or employment. The court will be looking closely at the nature of the layoff and whether you have access to any other funding including your wife's income to determine whether a child support modification is warranted.
How is child support calculated or determined in a modification for child support in Mass?
Answer: The Commonwealth of Mass Administrative Office of the Trial Court developed the child support guidelines worksheet for use by the justices of the Trial Court to help determine what the minimum financial obligation is for each parent in the support of their children. If you file for a child support modification, you can use this worksheet to determine the minimum support that both parents must provide in the support of their children. One of the principles in the development of the guidelines is to encourage joint parental responsibility for child support in proportion to, or as a percentage of, income. The 2009 child support guidelines worksheet can be used for joint incomes up to $250,000/yr. If your joint income exceeds this amount, the child support order will likely be the amount determined by the worksheet for income of $250,000. In addition to this amount, the court has discretion to add even more child support based on what is in the best interest of your children.
Are there situations in which the court deviates from the MA Child Support Guideline worksheet when determining the amount of child support as part of the modification?
Answer: There are circumstances that may warrant a child support order that deviates from the Mass child support guidelines. If your existing child support order deviates from the child support guidelines and the facts of your case that warrant the deviation still exists and is in the best interest of your children, the court has the discretion to deviate from the child support guidelines.
Can you and your former spouse (ex-wife or ex-husband) come to a verbal agreement in modifying the existing Mass child support order without getting the courts permission?
Answer: You and your former spouse (ex-wife or ex-husband) can come to any verbal or written agreement but as far as the court is concerned, they will only enforce the child support order that is currently in effect until the child is emancipated or until the court changes the existing child support order by way of a modification. If you and your former spouse come to a verbal or written agreement to pay less child support due to your change in circumstance such as job loss or retirement, you run the risk that at a later date, your former spouse can file a contempt to recoup the child support that wasn't paid according to the the child support order. Your former spouse may recoup the missed or reduced child support payments regardless of your financial circumstance.
If you have an existing child support order in effect, you should modify the existing order through the court if you have a change in circumstance that warrants a child support modification.
_____________________________________
Child Support and Modification Lawyer
If you feel that a change in circumstance has occurred and a modification to an existing child support order might be warranted, we encourage you to call the law offices of Robyn A Briatico at 617-387-6800 or complete and submit the Divorce Contact Form to schedule your free 20 minute phone consult to discuss the specifics of your case and how we can help. We have offices conveniently located in Andover, Burlington, Everett, Melrose, and Quincy to better serve clients that reside in Middlesex County, Essex County, Suffolk County, Norfolk County, Plymouth County, and Bristol County.
In addition to Child Support Modifications, we can handle all types of family law matters including Divorce, Adoption, Guardianship, Rogers Guardianship, Paternity, Health Care Proxy, Basic Wills and Trusts, Alimony Modification, Visitation Modification, Separation Agreements, Prenuptial Agreements, to name a few.
In Middlesex County, our lawyers and attorneys can provide you with legal representation if retained to file for a modification of child support if you live in Acton, Arlington, Ashby, Ashland, Ayer, Bedford, Belmont, Billerica, Boxborough, Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut, Everett, and Framingham. They can also handle Prenuptial Agreements in Groton, Holliston, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Lowell, Malden, Marlborough, Maynard, Medford, Melrose, Natick, Newton, North Reading, Reading, Pepperell, and Reading. They can also work with you if you live in Sherborn, Shirley, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Wayland, Westford, Weston, Wilmington, Winchester, or Woburn.
In Suffolk County, modification lawyer Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Boston, Back Bay, Beacon Hill, Revere, Cambridge, Winthrop, or Chelsea.
In Essex County, modification attorney Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, and Ipswich. They can also handle North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, Swampscott, Topsfield, Wenham, and West Newbury. They can also work with you if you live in Lawrence, Lynn, Lynnfield, Manchester by the Sea, Marblehead, Merrimac, Methuen, Middleton Nahant, Newbury, and Newburyport.
In Norfolk County, modification lawyer Robyn A. Briatico or any one of her affiliates can provide you with legal representation if retained to modify an existing child support order if you live in Avon, Bellingham, Braintree, Brookline, Canton, Chestnut Hill, Cohassett, Dedham, Dover, Foxborough, Franklin, Holbrook, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, and Quincy. They can also work with you if you live in Randolph, Sharon, Stoughton, Walpole, Wellesley, Westwood, Weymouth, or Wrentham.
In Plymouth County, the law offices of Joseph M. Lally can provide you with legal representation if retained to modify an existing child support order if you live in Abington, Bridgewater, Brockton, Carver, Duxbury, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleboro, Norwell, and Pembrooke. They can also work with you if you live in Plymouth, Plympton, Rochester, Rockland, Scituate, Wareham, West Bridgewater, Whitman, or Eastbridgewater.
In Bristol County, the law offices of Joseph M. Lally can provide you with legal representation if retained to modify an existing child support order if you live in Acushnet, Attleboro, Berkley, Dartmouth, Dighton, Easton, Fairhaven, Fall River, Freetown, Mansfield, North Attleborough, Norton, Rynham, Rehoboth, Seekonk, Somerset, Swansea, or Westport.
In Worcester County, the law office of Michelle R. Moucharite can provide you with legal representation if retained to modify an existing child support order if you live in Ashburnham, Athol, Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, Charlton, Clinton, Douglas, Dudley, East Brookfield, Fitchburg, Gardner, Grafton, Hardwick, Harvard, Holden, Hopedale, Hubbardston, Lancaster, Leicester, Leominster, Lunenburg, Mendon, Milford, Millbury, and Millville. The other cities we serve within Worcester County include New Braintree, North Brookfield, Northborough, Northbridge, Oakham, Oxford, Paxton, Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, Southborough, Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Upton, Uxbridge, Warren, Webster, West Boylston, West Brookfield, Westborough, Westminster, Winchendon, and Worcester.
