Post-Divorce or Post-Paternity Modifications
A Material Change in Circumstances Since the Entry of the Earlier Judgment
A party may file a Complaint for Modification of the Divorce or Paternity Judgment if he or she has experienced a material change in circumstances. A material change lies in large measure within the discretion of the Probate and Family Court judge, however, an experienced Family Law attorney can help you to predict whether a Probate and Family Court judge will recognize your change as material for the purpose of a modification.
Depending on the language of your agreement, a modification may be granted if it is related to child support or child custody, alimony or health insurance. A modification of a division of assets cannot occur; in the event an asset is discovered after the divorce, a different procedure is used.
The following situations may warrant a Modification:
To discuss whether your situation warrants filing a Complaint for Modification, call Fernandez, Socci & Nieves Family Law and a member of our legal team will explain your options and will help you to choose the strategy that is right for you