What Documents Do You Need to Modify Child Support in Massachusetts?

When a couple with minor children breaks up, there are a few legal decisions that have to be made. This includes setting up a custody arrangement and establishing child support. Once an order for child support has been entered, it may be possible to modify it based on a change of circumstances or if the current order no longer aligns with the state’s guidelines for child support.

To modify child support in Massachusetts, you only need to show that there is now a difference between what the child support is compared to what it should be based on the child support guidelines. In support of a complaint for modification, you will file a financial statement, proof of income, evidence of the change in circumstances, a child support guidelines worksheet, and a copy of the current child support order. Our Boston child support attorneys can help you determine if there is a basis to adjust your child support and will represent you throughout the process.

To modify child support in Massachusetts, you only need to show that there is now a difference between what the child support is compared to what it should be based on the child support guidelines. In support of a complaint for modification, you will file a financial statement, proof of income, evidence of the change in circumstances, a child support guidelines worksheet, and a copy of the current child support order. Our Boston child support attorneys can help you determine if there is a basis to adjust your child support and will represent you throughout the process.

At Infinity Law Group, we offer high-quality legal representation for clients across a range of Massachusetts family law matters. We offer strategic legal advice that is designed to protect our clients’ best interests and help them achieve the best possible outcome. Reach out to our law firm today to schedule a free consultation with a Boston child support lawyer.

How Can I Modify My Child Support in Massachusetts?

Once a child support order has been established in Massachusetts, it is not set in stone. It is possible to have child support increased or decreased if there has been a substantial and material change in circumstances. In addition, if the existing child support order no longer aligns with Massachusetts’ child support guidelines, it may be possible to have the order modified.

There are many situations that may be considered a material change in circumstances, allowing for an adjustment to a child support order. Generally, courts will look for long-lasting changes that impact financial stability in a more significant way. Minor or temporary changes probably won’t qualify for a modification to child support.

While each case is different, courts may be more inclined to grant a child support modification in the following situations:

• A parent loses a job or gets demoted
• A parent gets a promotion that boosts their income
• Daycare costs increase
• Health insurance costs rise 
• Parenting time shifts significantly (i.e., one parent’s custodial time decreases while the other parent’s time increases)

As a parent, you can request a child support modification whenever there has been a material and substantial change in circumstances, no matter how long it has been since the last child support order was issued. Keep in mind that a court will only increase or decrease child support if there is evidence to support the change. If you file for a modification without justification, then the court will likely deny your request.

If you aren’t sure about your ability to have child support changed, the best thing you can do is schedule a free consultation with a Boston child support attorney. Our team will help you understand your rights and your options.

What Paperwork Do I Have to Submit to Request a Modification of Child Support?

The first step in getting your child support adjusted is to file a Complaint for Modification with the Probate and Family Court that issued your current child support order. This document will formally ask the court to review and change your existing child support order.

In the complaint, you will explain what material and substantial change has occurred since the last order was entered. You will also explain how this change justifies a modification of child support.

Along with the complaint, you will be required to submit the following documents:

1. A financial statement (short or long form): This document is used by the court to evaluate each parent’s income, expenses, assets, and liabilities. You will submit the Financial Statement Short Form if your gross annual income is under $75,000 before taxes. Otherwise, you will submit the Financial Statement Long Form. These forms require you to submit information about your employment income, benefits, paycheck deductions, expenses, debts, attorney’s fees, and assets. This form must be completed accurately and signed under penalty of perjury.
2. Proof of income: To support the information that you submitted as part of your financial statement, you will need documentation of your current income. Depending on your situation, this may include your recent pay stubs, your most recent W-2s or 1099s, recent tax returns, documentation of bonuses, commissions, or overtime pay, proof of unemployment benefits, workers’ compensation, or disability income, and proof of rental income. If you are self-employed, you may also need to provide profit and loss statements or other business records.
3. Evidence of the change in circumstances: You will be required to provide proof of the material and substantial change in circumstances that justifies a modification. This may include paperwork such as a termination or layoff notice from your employer, documentation of a new job or a change in pay, medical records or bills to show a health issue that affects your ability to work, proof of a change in parenting time or your custody arrangement, or records that show increased expenses for the child. If you have other child support obligations, evidence of these orders can also be helpful. Documents that clearly show the change in circumstances and its impact on your finances will make for a much stronger request for modification.
4. Child Support Guidelines Worksheet: In Massachusetts, courts rely on the child support guidelines to determine child support. As part of your original child support order, you will have completed a Child Support Guidelines Worksheet, which calculates support based on both parents’ income, parenting time, and child-related expenses. An updated worksheet can be helpful to show the court how the requested modification aligns with current Massachusetts child support guidelines.
5. Current child support order: While the court will have records of the child support in your case, it can be helpful to provide a copy of the existing order to allow the judge to compare the current order with your requested changes.

Child support modification cases are driven by documentation and evidence. If you do not have proof to support your request for modification, then there is a strong likelihood that your complaint will be denied. Taking the time to gather the right documents can make the process more efficient and increase your likelihood of success.

If you are considering seeking a modification of your child support order, our Boston family law attorneys can help. During a free consultation, we will listen to your story and help you understand your options. Should you choose to hire our law firm, we will work with you to build the strongest possible case for modification, whether you want to increase or decrease child support.

Want to Establish or Change Child Support? Give Us a Call.

Parents in Massachusetts have an obligation to financially support their children, whether they remain together or break up. However, it is possible to change a child support order if your situation has changed. With the appropriate paperwork, you can prove a substantial and material change in circumstances to justify a modification of child support.

At Infinity Law Group, we offer seasoned legal representation to clients dealing with all types of Massachusetts family law matters. We work with individuals and families as they seek to establish and modify child support. Our experience includes representing both sides of child support cases, giving us the necessary perspective to make a strong case for modification.

To learn more or to schedule a free consultation with a Boston child support lawyer, give us a call at 617-250-8236 or fill out our online contact form.