Advertising. In accordance with rules established by the Supreme Judicial Court of Massachusetts. This web site must be labeled
"advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice,
or legal opinion on any specific facts or circumstances. This web site is designed for general information only. Unless and until you enter
into a formal agreement with Attorney Mwangi, he is not your attorney and you do not have an attorney-client relationship with him. All
Rights Reserved. Attorney Mwangi is also an Internet lawyer.
"advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice,
or legal opinion on any specific facts or circumstances. This web site is designed for general information only. Unless and until you enter
into a formal agreement with Attorney Mwangi, he is not your attorney and you do not have an attorney-client relationship with him. All
Rights Reserved. Attorney Mwangi is also an Internet lawyer.
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ENFORCEMENT AND MODIFICATION OF JUDGMENTS IN MASSACHUSETTS
We invite you to contact us if you are looking for a Boston divorce lawyer. We strongly encourage you to speak to an
experienced attorney about your divorce. You can also contact us if you are looking for a Boston divorce lawyer by visiting
our current website at SMLawGroup.com.
Enforcement of Judgments of the Probate and Family Court in Massachusetts
Orders or Judgments of the Probate and Family Court are often enforced by means of a Complaint for Contempt, although
most problems with respect to compliance are worked through without a separate lawsuit. If legal action is necessary, the
process for enforcing domestic relations orders in Massachusetts is quite simple and usually takes only a matter of a few
weeks.
After a Complaint is filed, the Court issues a Contempt Summons which establishes the date of the hearing. The Summons
may be served by delivering a copy of the Summons and Complaint to the defendant personally or by delivering and mailing
the copies to the last known address.
Modification of Judgments of the Probate and Family Court in Massachusetts
After a final judgment is entered in a domestic relations matter, whether a divorce case, paternity action, or other
proceeding – whether the parties have entered an agreement or a court has made the decision – it is more likely than not
that circumstances will change from time to time with the result that the terms of the Judgment are no longer appropriate
to the current situation.
Where the issues relate to support, the traditional standard for making a change is for the person seeking the modification
to show that there has been a “material change of circumstances.” The changes bearing on support may relate to the
financial circumstances of either party or to the needs of a child. The extensive case law on modification sets out numerous
circumstances that may warrant a change in support-related issues.
The Massachusetts Child Support Guidelines provide that “a modification may be allowed upon showing a discrepancy of
20% or more between an established order and a proposed new order calculated under these guidelines.”
Under Massachusetts law, a modification relating to support issues may be made retroactive, but only back to the date of
filing a Complaint for Modification. Therefore the person in need of the change should not delay in initiating the filing of a
Complaint.
Where the issues relate to a Parenting Plan, the traditional standard for making a change is “the best interests of the
child.” After an original custody determination is made, courts are often reluctant to make changes. The court is likely to
give weight to the wishes of a teenager, but the child’s preference at any age is not per se determinative of a change.
Often a Judgment or Agreement intentionally leaves open a future issue, such as parental responsibility for college
expenses, and a Complaint for Modification is needed to resolve a disagreement or make the parents’ agreement
enforceable as a court order.
We invite you to contact us if you are looking for a Boston divorce lawyer. We strongly encourage you to speak to an
experienced attorney about your divorce. You can also contact us if you are looking for a Boston divorce lawyer by visiting
our current website at SMLawGroup.com.
Enforcement of Judgments of the Probate and Family Court in Massachusetts
Orders or Judgments of the Probate and Family Court are often enforced by means of a Complaint for Contempt, although
most problems with respect to compliance are worked through without a separate lawsuit. If legal action is necessary, the
process for enforcing domestic relations orders in Massachusetts is quite simple and usually takes only a matter of a few
weeks.
After a Complaint is filed, the Court issues a Contempt Summons which establishes the date of the hearing. The Summons
may be served by delivering a copy of the Summons and Complaint to the defendant personally or by delivering and mailing
the copies to the last known address.
Modification of Judgments of the Probate and Family Court in Massachusetts
After a final judgment is entered in a domestic relations matter, whether a divorce case, paternity action, or other
proceeding – whether the parties have entered an agreement or a court has made the decision – it is more likely than not
that circumstances will change from time to time with the result that the terms of the Judgment are no longer appropriate
to the current situation.
Where the issues relate to support, the traditional standard for making a change is for the person seeking the modification
to show that there has been a “material change of circumstances.” The changes bearing on support may relate to the
financial circumstances of either party or to the needs of a child. The extensive case law on modification sets out numerous
circumstances that may warrant a change in support-related issues.
The Massachusetts Child Support Guidelines provide that “a modification may be allowed upon showing a discrepancy of
20% or more between an established order and a proposed new order calculated under these guidelines.”
Under Massachusetts law, a modification relating to support issues may be made retroactive, but only back to the date of
filing a Complaint for Modification. Therefore the person in need of the change should not delay in initiating the filing of a
Complaint.
Where the issues relate to a Parenting Plan, the traditional standard for making a change is “the best interests of the
child.” After an original custody determination is made, courts are often reluctant to make changes. The court is likely to
give weight to the wishes of a teenager, but the child’s preference at any age is not per se determinative of a change.
Often a Judgment or Agreement intentionally leaves open a future issue, such as parental responsibility for college
expenses, and a Complaint for Modification is needed to resolve a disagreement or make the parents’ agreement
enforceable as a court order.
Contact a Lawyer at the Mwangi Law Office
Contact a Massachusetts lawyer to find out what we can do for you. We offer a free initial consultation. We are available
for evening and weekend appointments in the Boston area.
Contact a Massachusetts lawyer to find out what we can do for you. We offer a free initial consultation. We are available
for evening and weekend appointments in the Boston area.