My ex-husband and I have been divorced for 4 years. The kids and I recently moved into a smaller house in Milton, to help with expenses, but I am not earning as much as I was and the kids are involved in more sports and activities, so I’d like to ask my ex husband for more support. Can the provisions of a divorce be changed after finalization? What is the process and is it difficult?
Divorce Agreements usually contain provisions specifying whether the agreement “merges” or “survives.” If all provisions survive, the terms of the agreement CANNOT be changes. If the terms regarding the children of the marriage merge (which is a typical term), those terms — custody, visitation, support, uninsured medical expenses, extra-curricular school expenses, high education expenses, and so on — can be changed by the Court through a Complaint for Modification. There must be a change in circumstances to justify the change. Even those divorce decrees that resulted from a trial on the merits may be changed if a material change in circumstances can be shown. Bring your divorce decree and any Divorce Agreement with you to your attorney’s office and ask that the provisions be explained to you. Bring any evidence you have of a material change in circumstances, especially concerning a drop in income because of the poor economy we currently confront.
Milton Divorce Modifications attorney Bruce Watson represents individuals in Milton and the surrounding South Shore towns including Braintree, Dedham, Norwood and Quincy.