Following a grueling divorce, it is understandable that the last place a person expects to see them self is in court again. Unfortunately, the unforeseen often arises and it is necessary for the parties to go back to court again in order to modify their original divorce decree. Modifications typically revolve around many of the same issues that were litigated over during the divorce, such as Child Custody, Visitation, and Child and Spousal support.
Any court-ordered matters are modifiable. However, modifications are only available upon a showing of a substantial change circumstances, such as an increase or decrease in income, or where there is evidence that one parent is no longer fit to have custody or visitation of the minor children or if unforeseen circumstances arise.
Without a showing of a substantial change in circumstances or an unforeseeable event, the Massachusetts courts are reluctant to modify an existing court order and are especially reluctant to modify an agreement between the parties. This is so, even when one party later regrets the provisions that they previously agreed to or when they change their minds.