For example, if without modification, the spouse seeking modification will become a public charge, or if the other party has not complied with the agreement, or if there are other reasons at least as compelling as the above two reasons, then the court may modify the earlier agreement. In the absence of fraud, the court may not modify a judgment that equitably divides a couple's marital property. The court may modify agreements or judgments as to the care and custody of children, irrespective of whether the parties entered into a binding marital agreement. A person seeking such a modification must demonstrate a material and substantial change in circumstances, and that modification is necessary in the best interests of the children. A legal action brought against a party, who has failed to comply with a court order or judgment.
Spouses seeking to collect child support and alimony arrearages often file complaints for contempt.
In addition to any arrears, if the court finds a party in contempt, the petitioning party will receive the reasonable attorney's fees and expenses that he incurred during his effort to enforce compliance. Many people make prenuptial agreements to protect some or all of their assets against the possibility that they may one day divorce, or die without specifying how they would like their estates to pass on to those who survive them. These agreements are enforceable in Massachusetts provided they are fair and reasonable both at the time of signing and at the time of enforcement. Steven D. Weil, Esq. Readers should consult a professional before acting on any of the information contained in this web site.