Life is continuously evolving, thus modifications to agreements or judgments are often necessary, especially when it involves child related matters. One can file a Complaint for Modification in Probate & Family Court for various reasons. For instance, if one party loses his or her job and can no longer meet his or her child support obligations or if one party changes his or her residence, a modification may be necessary. The court requires that the party seeking the modification prove that there has been a material change in circumstance since the time of the last judgment. This prevents the parties from re-litigating the same issue over and over simply because they are unhappy with the initial ruling of the court.
There are many traps for the unwary when negotiating the original Separation Agreement that may prevent a party from filing a subsequent modification. For this reason, you want to assure you have a skilled attorney representing you in your initial divorce. If you do feel you are entitled to seek a modification, or have been notified that an opposing party is seeking a modification, you should contact a competent attorney to advise you of your rights and to fight for you in court.
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