Can a parenting plan be changed after divorce?
Yes. Parenting plans may be modified when circumstances change or the existing schedule no longer serves the child's best interests.
Does my child get to decide where they want to live?
A child's preferences may be considered in some cases, depending on the child's age, maturity, and the specific circumstances. However, the court's primary consideration is always the child's best interests.
What if my co-parent refuses to follow the parenting plan?
If the issue involves a parent's failure to comply with an existing court order, a Complaint for Contempt may be the appropriate legal remedy rather than a modification. I help clients determine which legal action best addresses their circumstances.
Do I have to go back to court to change custody?
Generally, yes. Existing custody and parenting orders remain in effect unless the parties enter into a written agreement approved by the court or the court modifies the order following a Complaint for Modification. Obtaining a court-approved order ensures that any changes are legally enforceable and [...]
Can child support be modified in Massachusetts?
Yes. A child support order may be modified when the legal requirements are met, including situations involving changes in income, parenting time, or other material changes in circumstances.
Can child support be increased or decreased?
Yes. Depending on the facts of the case, the court may increase or decrease child support after considering the applicable Child Support Guidelines and the parties' current financial circumstances.
Do I have to go back to court to modify child support?
Generally, yes. Child support orders remain in effect until they are modified by the court or otherwise changed in accordance with Massachusetts law.
What if my ex refuses to pay child support?
If a parent fails to comply with an existing child support order, you may be able to seek enforcement through a Complaint for Contempt. In some cases, the appropriate remedy is to modify an existing child support order because circumstances have changed. In others, the [...]
What is a Complaint for Contempt in Massachusetts?
A Complaint for Contempt asks the Probate and Family Court to enforce an existing court order when a party has willfully failed to comply with its terms.
Can I recover attorney’s fees in a contempt action?
In appropriate circumstances, the court may award attorney's fees and costs to the prevailing party. Whether fees are awarded depends on the facts of the case and applicable law.
