MODIFICATION OF JUDGMENT AS TO CHILD CARE OR CUSTODY

COMPLAINT FOR MODIFICATION

This is what you would file if the circumstances of the parties has changed so substantially and materially that modification of judgment is warranted.  This normally applies to matters of child support, custody and visitation.  Usually modifications are filed with respect to divorce judgments and paternity judgments but they may also be applicable to other limited judgments.  You may wish to seek legal advice with respect to such matters.

All forms that are linked below can be filled out by the applicant on-line.  However, the applicant still needs to print out the form, sign it and then submit it to Plymouth Probate and Family Court either by mail or in person.

A helpful guide for parents living apart has been prepared by The Massachusetts Association of Family and Conciliation Courts  with the support of the Honorable Sean M. Dunphy, Chief Justice of the Probate and Family Court. (Click here)

Here you will find:

What to file

Where to File

What happens after you file

What to file: 

	Filing fee of $155.00, ( which includes summons) payable to Plymouth Probate and Family Court.  Check or money order is required.  No personal checks are accepted.  The filing fee is not required if the requested modification pertains to the support, maintenance or education of a child.
	Complaint for Modification (click for form)
	Domestic Relations Summons - this will be provided to you AFTER you file your Complaint for Modification.  The Court will send you this form.
	Affidavit Disclosing Care and Custody of a child.  If there are any minor children of the marriage and the modification involves matters of custody, you must file this form. (click for form)
	Instructions for filling out the Affidavit (click for form)
	A Financial Statement must be completed.   If your annual income is less than  $75,000, a short form Financial Statement is required.  (Click here for form)  If your annual income is more than  $75,000, a Long form Financial Statement is required.  (Click here for form)

Where to file:

All papers above should be filed :

What to expect after you file:

After you file the above modification papers with the court, they must be processed. Processing your Complaint for Modification and other papers means that your case needs to be docketed in the official court docket and money needs to be documented and forwarded into the State’s Account, if applicable.

The Court then issues a summons to you.  Once you receive this summons, you must take it or mail it with a copy of the Complaint for Modification to the Sheriff’s Department of the County in which the Defendant lives.  A Constable who is authorized to serve civil process in a designated city or town may also be utilized.   The Sheriff or Constable will “make service”.  This means that the Sheriff or Constable  will bring a copy of the Complaint for Modification, Domestic Relations Summons and any other papers to the Defendant.  The Sheriff’s Department or Constable will then send you the original Domestic Relations Summons with the back part of the summons filled out stating that either service was made or that the Sheriff or Constable was unable to make service.  This is called a “return of service”.  This original Domestic Relations Summons will need to be filed with the Court.  This will prove to the court that service has been made.

Once you file original summons, including the “return of service”, with the Court, you will be able to file for a hearing:

   By a motion, in order to receive a temporary order on matters of support, custody, visitation, or other matters which the court might deem just, (Click here for Motion) 

OR

                 For cases filed on or after March 14, 2005, the Court will automatically assign the case for a Case Management Conference, at which time a Pre-Trial Conference will be scheduled, if necessary.    NOTE:  Although the Court automatically assigns a Case Management Conference, either party may file and schedule a motion for a Judge's regular motion session before the scheduled Case Management Conference takes place.  In such event, the Judge may cancel the scheduled Case Management Conference and proceed to schedule a Pre-Trial Conference. 

OR

                 For cases filed before March 14, 2005, a Request for Assignment must be filed by either party in order to schedule a Pre-Trial Conference.  (Click here for Request for Assignment form)  

If the matter is not resolved at the Pre-Trial Conference, then it will be assigned a trial date.

After the Judge issues a Judgment of Modification, the court will mail an attested copy of the Judgment of Modification to the parties.

REMINDER:

IF CHILDREN ARE INVOLVED and the modification involves matters of custody, a child custody disclosure statement must be filed or the Complaint for Modification will not be accepted for filing.