My ex-husband provides child support and alimony and I just got laid off from my job. We live in the Greater Boston area and I won’t be able to make rent without additional support if I don’t find a job in the next month or so. Is it possible to modify the provisions of a divorce in this type of situation? What is the process and is it difficult?
You can seek a modification from the original order by filing a Complaint for Modification, which will have to be served upon your ex-spouse. To be successful, you will have to show the Court that there has been a substantial change in circumstance that warrants the modification that you are seeking and you will still have to show that there is a genuine need and your ex-spouse has the ability to pay.
The process can be difficult because you are starting a new action and there will likely be discovery that will need to be done. Because of the nature of the cause of action and the likelihood of discovery, a modification case can take longer that the original divorce action. That poses a serious problem for you if you are unable to pay your bills.
Although Courts will not usually entertain a Motion for Temporary Orders in a modification matter, the Court will hear one if there is an emergency. You have to consider that your ex-spouse will likely be very unhappy that you are seeking more money from him and that he may file a counterclaim for a reduction in support. You must consider if he will be able to argue successfully that there is a substantial change in circumstances that would warrant a reduction (e.g., he is earning less, etc.).
The Greater Boston Divorce Modification Attorneys at Leone Law Offices represent clients seeking divorce modifications throughout the Greater Boston Metrowest region including the communities of: Ashland, Framingham, Holliston, Marlborough, Natick, Sherborn, Southborough, Sudbury, and Wayland.