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Massachusetts Family Attorney

Legal Help Modifying an Existing Child Support, Alimony or Child Custody Order

  When you bring a case to family court – whether it's an agreement resulting from divorce mediation or you are asking the judge to make a decision for you – you should expect that the final order is just that, final. You will be living with that order for a while.

On the other hand, even the courts must recognize that situations change and legal orders must change as well. Depending upon the type of court order or judgment you are trying to change, it may be easier or harder to obtain.

Regardless of the circumstance, you will need the help of a lawyer. I'm Fall River family attorney Wilfred C. Driscoll, Jr. I've been practicing law in Massachusetts family law courts for more than three decades. Contact my Fall River law office for help changing an existing court order for:

Changing Child Support

The easiest modification to obtain is a change of child support. Parents' incomes change; children's needs change. Either parent can petition the court to adjust child support upward or downward based upon these changes of circumstance.

Changing Child Custody

This is more difficult than getting a modification of child support. The court presumes that stability and continuity is in the best interest of a child. There must be a very good reason to change an existing child custody order because it will impact the stability and continuity of the child's care. When we meet for a free initial consultation, I can explain the factors that the judge will consider and the barriers that may stand in your way of a new child custody agreement.

Changing Alimony

Changes in family law regarding alimony have made it easier for alimony to be discontinued. You will have to take your case back to court, but if you have grounds, you are likely to succeed. On the other hand, if you are asking for an increase in alimony, or for alimony to be continued beyond the time period specified in the original order, that is quite difficult, though not impossible.

Modifying an Order for Property Division

This is the least common type of modification and is usually done only when it can be proven that there was an error or omission in the initial court order for the division of marital property. For example, if an asset was fraudulently hidden at the time of divorce and comes to light several months later, you may be able to force a division of that asset.

Contact Massachusetts Modification Lawyer Wilfred C. Driscoll, Jr.

If it's worth going back to court to modify a court order, it's worth bring strong, effective legal representation with you. Call me at (508) 672-8718 or email my family law office .I offer payment plans and flat-fee pricing for some legal matters.

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