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Massachusetts Joint Petition for Modification Child Support Judgment
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Massachusetts
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MA-CJ-D-114
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PDF
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FAQ
One parent can ask for a change (called a modification) in custody or parenting time, or if both parents agree on the change, they can request the change together. If only one person wants to change a judgment on custody or parenting time, file: The Complaint for Modification (CJD 104).
Requests to lower child support payments are most often granted as a result of: Changes in Income: Usually if the paying parent's income is substantially less than when the child support obligation was calculated. This could be after the parent loses a job, becomes incarcerated, or becomes disabled.
The only way to ensure that your rights are protected is to modify your custody agreement through the courts. In order to do so, you will need to provide grounds for a child custody modification by filing a petition citing that a significant change in circumstances has taken place.
There are many reasons child support can end or may bring about a modification of the child support order. Child support will not decrease as your child gets older either.
Understand Your State's Child-Custody Laws. Stockbyte / Getty Images. Understand the Better-Parent Standard. Morsa Images / Getty Images. Bring the Right Documents to Court. Learn Proper Courtroom Etiquette. Know What to Expect During the Hearing. Dress Appropriately.
Physical Relocation. The noncustodial parent can reach out to the court to modify custody if the custodial parent moves. One Parent Refuses to Follow the Custody Terms. The Child's Needs Have Changed. A Parent's Situation Has Changed. The Child Is in Danger. 9 Secrets the Insurance Adjuster Doesn't Want You to Know.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
Go into the court that made the child support order. Fill out a Complaint for Modification form. Take the form to the court Clerk. Serve the Complaint and Summons. Make return of service. Schedule a court date for the hearing.
In Massachusetts, children can't decide where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.