Child Support Modification Lawyers in Danvers

In the years following a family court’s issuance of a child support order, parental and child circumstances can substantially change, making existing orders unworkable. Fortunately, child support can be adjusted to accommodate such changes. However, the reasons for modification are limited, must be adequately proven, and must be approved by the court with a new support order to replace the original one. This process requires a thorough knowledge of this specific area of the law.

At Broderick & Mastrapasqua, LLC, our attorneys can strategically apply the law to support your need for a child support modification. Our legal professionals can significantly improve your chances for court approval through the use of our extensive family law experience in the court system. 

If you need to fight such a modification, we are also here to listen to your concerns and advocate strongly for your rights and what is in your child’s best interests. 

Schedule a free assessment with a Danvers child support modification attorney at Broderick & Mastrapasqua, LLC. Call us at (978) 721-8861 or reach a team member via our online contact form today. 

Understanding Child Support Modifications in Massachusetts

Child support is for the child, and because of that, it is almost always modifiable. A modification can be made based on the request of either party, and the support may be increased or decreased depending on the circumstances. Parties may agree among themselves to modify a support order. If they cannot agree, a judge will decide the issue based on the evidence presented. 

Modifications to child support may be temporary or permanent. Temporary orders are typical in cases where an emergency arises. For example, a custodial parent may become seriously injured, and the non-custodial parent may assume care of the child while the co-parent recovers. In that case, support may be suspended when the child is with the non-custodial parent.

Key Factors Influencing Child Support Modifications

Child support orders are typically modified when either party or the child experiences a change in circumstances. Courts consider many factors when determining whether a support order should be modified.

Common factors include: 

Emancipation: When one or more children subject to the order have reached the age of emancipation, the order may be modified to remove them, and order support may be provided only for those remaining unemancipated. Typically, child support obligations end when the child reaches 18.

If the child is still in high school or is a full-time student, child support may continue until the child graduates or turns 21, whichever comes first. If the child is mentally or physically incapacitated and unable to support themselves, child support may continue indefinitely, regardless of age.

Disability: If any parties become disabled, the court may consider modifying the support amount. This includes any special needs the children under the order may develop.

Change In income: If either of the parties becomes unemployed or experiences a decrease in income through no fault of their own, the court may consider the reduction in income as a reason for a modification. On the other hand, if either of the parties has an increase in gross income, the court may also consider that. 

Change in custody: If the custody or parenting plan of the children under the order changes, the court may use this information to modify child support.