Modification of Agreements and Judgments

No one can create a parenting schedule that will remain workable for an extended period of time. Parents change jobs and move further away from each other. People remarry or begin living with a new significant other (called “cohabitation”). Remarriage can bring a second family into the mix and children may not get along with their new stepparent or siblings. Or your ex’s new spouse or partner may have a history of physical or substance abuse, or simply lack basic parenting skills.



Children who were very young when their parents were divorced begin going to school. Older children start playing sports and become involved in extracurricular activities. Teenagers want some control over their own schedules. Parenting schedules that worked well when children were young no longer work when they get older. Schedules should be modified to reflect the changing needs, interests and schedules of children and parents. In some situations, children getting older may be a sufficient reason along to support a modification.

Some divorced couples can work with each other on new parenting schedules. Some can’t. Hopefully, you’re one of the lucky ones. If you are – and this is very important – you should put your agreement in writing and file it with the Probate Court. An oral agreement to change a parenting schedule is probably not enforceable in court. Your ex could change their mind and leave you with little or no recourse. These same concerns also apply to oral agreements to modify financial orders.

Unfortunately, parents sometimes can’t agree on changing parenting schedules. If you find yourself it such a situation, you have two options: live with the existing terms or file a complaint for modification.

It isn’t just parenting schedules that may need to be modified. Making changes to an existing child custody arrangement may be appropriate when the existing arrangement is no longer workable or ceases to be in the best interests of the children.

When divorced spouses remarry and take on second families, the children may not get along with their new stepparent or new siblings. Your ex’s new spouse or partner may physically or verbally abuse your children or lack the requisite parenting skills. Jobs and work schedules can also change. A stay-at-home parent who previously devoted full time to child care may start working outside the home.



In my experience, divorced couples are seldom able to agree on changing child custody arrangements. There are several reasons for that, including the fact that changes in custody require modifying child support. Filing a modification complaint to change custody is often the only available option.

Child support can be modified (increased, reduced or terminated) regardless of whether the terms are contained in an agreement or a court order or judgment. There has to be a reason, of course. According to a 2013 appellate decision, judges can modify child support orders when “there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines.” While that legal standard may sound simple and straightforward, the relevant facts may be anything but.



Alimony may or may not be modifiable. If you are paying or receiving alimony under a court judgment issued by a judge following a trial, the alimony terms can be modified if your or your former spouse’s circumstances have changed substantially since you were divorced. But if you are paying or receiving alimony under an agreement with your former spouse or partner, whether the payments can be modified depends on the terms of your agreement. Alimony terms that are “merged” into a divorce judgment can be modified, while those that “survive” the judgment cannot be modified except in extraordinary circumstances (called “countervailing equities”).

Courts also have the power to modify the terms of existing agreements and judgments by:

• ordering one party to provide health insurance for the other party and/or for children, or to contribute to the cost the other party has to pay
• ordering parents to contribute to their children’s college expenses
• allowing or prohibiting one parent from permanently moving with a child to another state or country, or from moving to another city or town in Massachusetts that’s further away from the other parent’s residence (this is generally referred to as “removal”)

Every case is different and must be evaluated on its own merits and unique facts. But here are some common situations that might justify modifications to child custody, parenting schedules and financial orders:

• Your former spouse or partner remarries or begins cohabiting with someone else
• You lose your job or are forced to take a substantial pay cut
• Your ability to work is impaired by an illness or injury
• Your former spouse or partner becomes employed, switches from a part-time to a full-time job, or receives a substantial raise or increase in income
• Your former spouse has the ability to work, but refuses to do so
• You reach retirement age
• You have custody of your children and your day care expenses increase substantially
• You are providing health insurance for your former spouse and/or children and the out-of-pocket cost increases substantially, or your employer stops offering group health insurance to its employees
• A child becomes ill or otherwise needs expensive medical or dental care
• A child develops a learning or behavioral disorder
• One or more of your children reach age 18 or become “emancipated” (begin working, enlist in the military, or cease living with your former spouse, etc.)
• A child starts college or wants to attend college
• The parent who has custody of the children wants to move with the children to another state, or to another town or city in Massachusetts that’s farther away from the non-custodial parent

• Massachusetts General Laws, Chapter 208 (divorce)
• Massachusetts General Laws, Chapter 209C (children born out of wedlock)
• Massachusetts Child Support Guidelines (effective June 15, 2018)
• Massachusetts Child Support Guidelines Worksheet (effective June 15, 2018)
• Massachusetts law about divorce – A compilation of laws, regulations, cases, and web sources on divorce law compiled by the Trial Court Law Libraries