LES WALLERSTEIN
Divorce Mediator & Counselor at Law
“Agree, agree, the law is costly.” Fables of Aesop
POST-DIVORCE MODIFICATIONS
After divorce, ex-spouses can agree to make changes in their separation agreement without going to court as adversaries. Since separation agreements are designed to be flexible they can be modified to reflect changes in the post-divorce lives of the parties. Enforceable post-divorce modifications must be in writing, and each party’s signature must be notarized. Voluntary post-divorce modifications should be filed in court by certified mail. Signed, notarized and court filed, voluntary post-divorce modifications are as enforceable as if incorporated into the original separation agreement, with one significant exception.In 2000, a Massachusetts court of appeals ruled against the rights of divorced parents to privately agree to lower a father’s child support below the amount ordered by a judge. Quinn v. Quinn, 49 Mass. App. Ct. 144 (2000). The appeals court reasoned that parents may not bargain away the rights of their children. Since Quinn, post-divorce reductions in child support have been held unenforceable unless court ordered.
1620 Massachusetts Avenue l Lexington, MA 02420-3802 l Phone: (781) 862-1099 l wallerstein@socialaw.com
CAUTION: The law is constantly subject to change. While the legal information contained here is frequently checked for accuracy, please consult an attorney before relying on it. Furthermore, virtually all laws relating to families and domestic relations are state laws. Despite some similarities, there are significant differences between the laws of different states. The legal information contained in this web site is based only on Massachusetts law.