PETITION FOR MODIFICATION OF CHILD SUPPORT
(Massachusetts Probate and Family Court – [COUNTY] Division)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Caption
Commonwealth of Massachusetts
Probate and Family Court Department – [COUNTY] Division
Docket No.: [DOCKET NUMBER]
1.2 Title of Pleading
Petition of [PETITIONER FULL NAME] (“Petitioner”)
v.
[RESPONDENT FULL NAME] (“Respondent”)
for Modification of Child Support
1.3 Recitals
A. A valid Child Support Order (“Existing Order”) was entered by this Court on [DATE].
B. Material and substantial changes in circumstances have occurred since entry of the Existing Order.
C. Petitioner requests that the Court modify the Existing Order to reflect the current circumstances and to comply with the Massachusetts Child Support Guidelines (the “Guidelines”).
D. The Court has continuing jurisdiction over this matter pursuant to Massachusetts family-law statutes.
1.4 Effective Date & Jurisdiction
This Petition shall be effective upon filing and shall be adjudicated exclusively in the Probate and Family Court for the County of [COUNTY], Commonwealth of Massachusetts.
[// GUIDANCE: Insert the county where the original order was entered or where either party now resides, consistent with venue rules.]
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Adjusted Gross Income” means each Party’s gross income as defined under the Guidelines, less allowable deductions.
“Child(ren)” means the minor child(ren) of the Parties: [CHILD NAME(S) AND DATE(S) OF BIRTH].
“Existing Order” has the meaning set forth in Recital A.
“Income Withholding Order” means a wage-assignment order issued by the Court directing an obligor’s employer to withhold support from wages.
“Material Change” means a change in circumstances that satisfies the modification threshold under the Guidelines, including but not limited to (i) a variance of 20% or more between the Existing Order and the amount calculated under the Guidelines, or (ii) a verified change in health-insurance availability or cost.
“Party” or “Parties” means, individually, Petitioner or Respondent, and collectively, both of them.
3. OPERATIVE PROVISIONS
3.1 Request for Modification
Petitioner petitions the Court to modify the Existing Order to an amount consistent with the Guidelines, based on the Parties’ current Adjusted Gross Incomes and the best interests of the Child(ren).
3.2 Calculation of Proposed Support
a. Petitioner’s current Adjusted Gross Income: $[AMOUNT].
b. Respondent’s current Adjusted Gross Income: $[AMOUNT].
c. Proposed weekly child support obligation (per Guidelines Worksheet attached as Exhibit A): $[AMOUNT].
[// GUIDANCE: Attach a completed MA Child Support Guidelines Worksheet as Exhibit A; update numbers before filing.]
3.3 Retroactivity
Petitioner requests retroactive application of the modified support to the date this Petition is served, or to such earlier date as the Court deems just.
3.4 Health Insurance & Uninsured Medical Expenses
a. Each Party shall maintain available health-insurance coverage for the Child(ren) if accessible at reasonable cost.
b. Uninsured medical/dental/vision expenses shall be allocated [PERCENTAGE SPLIT].
3.5 Method of Payment
All payments shall be made via the Massachusetts Child Support Enforcement Division (“CSED”) and enforced through an Income Withholding Order unless the Court expressly finds good cause not to issue such order.
3.6 Tax Exemptions
Allocation of federal and state dependency exemptions shall remain as ordered in the Existing Order unless modified herein: [DETAILS / “No change”].
4. REPRESENTATIONS & WARRANTIES
4.1 Full Financial Disclosure
Each Party represents that the financial information supplied on their respective Financial Statement (Long Form or Short Form, as applicable) is true, complete, and accurate to the best of that Party’s knowledge and belief.
4.2 No Material Omissions
Each Party warrants that no material fact bearing on income, employment, or assets has been withheld.
4.3 Continuing Duty
The foregoing representations and warranties shall be deemed to continue until entry of the Modified Order and shall survive solely for purposes of enforcing said Order.
5. COVENANTS & RESTRICTIONS
5.1 Updated Information
Each Party covenants to provide the other Party and CSED with written notice of any change in employment, income, or health-insurance availability within seven (7) days of such change.
5.2 Compliance with Guidelines
The Parties shall furnish updated income documentation every three (3) years, or sooner upon written request, to confirm ongoing compliance with the Guidelines.
5.3 Parenting Time
This Petition does not seek to modify existing parenting-time provisions; any such modification shall be sought by separate pleading unless agreed in writing and approved by the Court.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to pay support as ordered.
b. Failure to provide updated income information under Section 5.1.
6.2 Notice & Cure
A defaulting Party shall have seven (7) days after written notice to cure non-payment, unless the Court orders immediate enforcement.
6.3 Graduated Remedies
Upon default, Petitioner requests that the Court employ any or all of the following:
i. Immediate Income Withholding Order (if not already in place).
ii. Wage-garnishment up to statutory limits.
iii. Interception of state and federal tax refunds.
iv. Suspension of licenses (driver’s, professional, or recreational).
v. Contempt proceedings and award of reasonable attorney’s fees and costs.
6.4 Attorney’s Fees
The prevailing Party in any enforcement or contempt action arising from this matter shall be entitled to recover reasonable attorney’s fees and costs incurred.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable (family-law support matters are non-indemnifiable).
7.2 Limitation of Liability
Each Party’s financial liability is limited to the percentage of income attributable under the Guidelines and any arrearages adjudicated by the Court. Neither Party shall be liable for consequential or punitive damages arising from support enforcement.
7.3 Force Majeure
Inability to pay due to involuntary job loss, serious illness, or other substantial hardship shall be addressed through prompt filing of a further modification or suspension request; such events do not automatically suspend the Modified Order.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Petition and any resulting Order shall be governed by the domestic-relations law of the Commonwealth of Massachusetts.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Probate and Family Court, [COUNTY] Division.
8.3 Arbitration
Not available for child-support determinations.
8.4 Jury Waiver
Not applicable; jury trials are not available in child-support proceedings.
8.5 Injunctive Relief
The Court’s statutory authority to issue an Income Withholding Order and other enforcement measures is expressly preserved.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment to the Modified Order must be entered by the Court. A Party’s waiver of any breach shall not constitute waiver of subsequent breaches.
9.2 Assignment
Support obligations are non-assignable except as permitted by law to governmental enforcement agencies.
9.3 Successors & Assigns
This Order shall bind the Parties and their legal representatives, heirs, and assigns.
9.4 Severability
If any provision of the Modified Order is determined unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with law.
9.5 Integration
Upon entry, the Modified Order shall supersede all prior inconsistent support provisions between the Parties.
9.6 Electronic Signatures
The Parties consent to the use of electronic signatures and filings to the fullest extent permitted by Court rules.
10. EXECUTION BLOCK
Respectfully submitted,
[PETITIONER NAME] – Petitioner
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]
Date: _______
[RESPONDENT NAME] – Respondent
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]
Date: _______
[// GUIDANCE: Add attorney signature blocks as applicable, using “Attorney for Petitioner” / “Attorney for Respondent,” including B.B.O. numbers.]
Verification
I, [PETITIONER NAME], declare under the pains and penalties of perjury that the facts stated herein are true to the best of my knowledge and belief.
[PETITIONER NAME]
Date: _______
Notary Acknowledgment
Commonwealth of Massachusetts
County of ______
On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ________, who proved to me through satisfactory evidence of identification to be the person whose name is signed above, and who acknowledged to me that [he/she/they] signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Attach the following exhibits before filing:
Exhibit A – Completed Child Support Guidelines Worksheet
Exhibit B – Petitioner’s current Financial Statement
Exhibit C – Respondent’s current Financial Statement (if available)
Exhibit D – Proposed Income Withholding Order]