Whether you reached an Agreement or a Judge issued a Ruling after a Divorce Trial, your Judgment of Divorce likely contains provisions that may include, without limitation, Alimony, Child Support, Child Custody, Payment of Children’s Expenses and College, Health Insurance and Division of Assets. After Divorce, situations may arise where a party needs, or wants, to modify a provision or where one party does not honor one or more of these provisions.
A provision that is “merged” into a Judgment of Divorce can be modified. There are countless situations where a party needs or wants to modify a provision due to a significant change in circumstances in area that include but are not limited to:
- Living Situation
- Failure by Other Party to Comply with Parenting Plan
- Changes in Children’s Needs
Provisions are modified either by a mutual agreement of the parties entered into the Court or by a Judge after a Modification Trial. Until a Modification occurs, however, you have an obligation to honor the original provision. Therefore, it is a good idea to contact an attorney as soon as you are aware that an issue exists.
If Your Former Spouse Fails to:
- Pay Alimony
- Pay Child Support
- Adhere to Parenting Plan
- Maintain Health or Life Insurance
- Divide Assets
- Cooperate with Sale of Real Estate
If Your Former Spouse:
- Unilaterally Relocates with Your Child Outside Massachusetts
- Abducts Your Child (Hague + Non-Hague)
What Do You Do if You:
- Did Not Honor a Provision Because You Could Not Do So
- Did Not Honor a Provision Because of Interpretation
Whatever your situation may be, the sooner you contact an attorney, the less likely the situation will “snowball”.
CONTEMPT + MODIFICATION
Sometimes Contempt cases are resolved by Modification. For example, if you failed to pay support in the amount or manner outlined in the Agreement or Ruling because your employment changed, you will want to change the Support provision. The provision stands until modified by mutual Agreement and entered into the Court or by the Judge after a Trial.