Preview File Complaint For Modification: This is an official Massachusetts Probate and Family Court Department form that complies with all applicable state codes and statutes. USLF amends and updates all state forms as is required by state statutes and laws.
Boston Massachusetts Complaint For Modification - CJ-D-104
State:
Massachusetts
City:
Boston
Control #:
MA-11
Format:
PDF
Instant download
Description
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FAQ
If the court has made an order requiring a parent to pay child support, the only way to legally change that order is to go back to the court that entered the order.
If you want the DOR to file your Complaint for Modification, call 1-800-332-2733.
If you can't afford the payments ordered by the court, you can usually ask to change the terms of the order to fit in with what you can afford to pay. This is called an application to vary the order. You can ask to change the order for any reason if either: you made a repayment offer and your creditor accepted it.
The court's decision is usually final. In certain circumstances you may be able to appeal the court's decision. You can only appeal in very limited circumstances, for example if the judge made a very serious mistake or because the judge did not follow the proper legal procedure.
The easiest way to seek a modification of orders is for both parties to agree on the proposed change. If the parties cannot reach an agreement, and one party really wants a modification, the matter heads to court. The person requesting the change(s) must petition the court to reopen the case.
How to Win a Child Support Modification Case 1 Take advantage of the rights you already have. 2 Reach out to your ex-partner if you think they'll be amicable. 3 Solicit free legal help if you can't hire an attorney. 4 Do it on your own only if you can't get help. 5 Determine what has changed to justify a modification.
While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.
What you need A Motion for Temporary Orders (CJD 400) asking the judge to make a change. A Proposed Order specifying what you'd like the new temporary order to say. This is a form that you create yourself.Affidavits that support the need for change, which can include new facts, events, etc.
