Modifications

Once a divorce agreement is reached, it’s finally over, right? Actually, modifying the original terms of a divorce due to changes in a spouse’s, child’s or even your circumstances is quite common and requires an experienced legal team to help you determine your next steps. We can help you handle these curveballs and protect your legal rights.

Life changes that may warrant modifications to a divorce agreement include remarriage or cohabitation, changes in one’s ability to share custody of the children, a new job, relocation, loss of employment, and more. As children get older, their needs may change and expenses increase. Any of these issues can affect child support, custody, and alimony agreements. If a parent paying child support loses his or her job, they may be unable to keep up with regular support payments. On the other hand, a parent that receives a raise or a new, higher paying job may be obligated to pay more (or less if recipient spouse) in child support.

Changes in Massachusetts law can also effect divorce agreements. Under the Massachusetts Alimony Reform Bill, a parent receiving support payments may be considered economically independent once s/he cohabits with a new partner for three consecutive months. This means the partner who is paying support may seek a change to their current support arrangements under these circumstances.

Signing an Agreement with a Divorce LawyerSadly, sometimes the parent with primary custody fails to care for your child adequately and safely. If your former partner develops a substance abuse problem, is racking up debt, isn’t properly supervising your child, is physically and/or emotionally abusing them, or leaving your child alone for long stretches of time, we can make sure you and your child are protected. We want what’s best for your child and will advocate for their rights, as well as your parental rights.

Sometimes you and your former partner will see eye-to-eye on changes, and you will be able to work out a new “modified” agreement. But if you cannot, or you’re forced to take action on your former spouse because they are refusing to properly care for or make their child support payments, that’s when Karpenski & Schmelkin can advocate on your behalf. Working with your former spouse, we may be able to reach an agreement that is in your child’s and your best interest. If not, we will bring the matter to the court to decide. No matter the level of difficulty in making modifications to your divorce agreements, we’ll work through them with you and answer all of your questions along the way.

Divorce agreements may be binding, but they are not set in stone. Our experienced team has worked with hundreds of clients to resolve disputes and deliver the best possible outcomes for each one of them. Whether you’re taking that first difficult step filing for divorce or you’re experiencing post-divorce changes, we offer you a free consultation to discuss your options. Contact us today to schedule an appointment and learn more about how we will fight for you.