A child support order that is inconsistent with the calculation under the current child support guidelines shall be modified by the Court. A parent does not need to show anything more than that running the child support guidelines results in a different support order, so said the Supreme Judicial Court in the case of Morales v. Morales.
To obtain a new child support order, a Complaint for Modification must be filed in the Probate and Family Court having jurisdiction over the case (often the court that issued the original order), along with payment of a filing fee of $55. After filing, the court will issue a Summons, which the Plaintiff must then have served on the Defendant through a constable or sheriff. Alternatively, given that it is clear that the child support will be modified if the child support guidelines calculation is different, the parents can avoid a fight in court by agreeing and filing a Joint Petition for Modification of Child Support.
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