Request to change your alimony

The person paying alimony or the person receiving alimony can ask for a change in alimony, or you can both ask together.

If you and your spouse both agree that you’d like to change your alimony, you should file a Joint Petition. You'll need to file:

• Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)
• Agreement to Change a Judgment/Temporary Order (CJD 311)
• Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child.  You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child.  See Trial Court Rule IV for more details.
• Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases.  See Trial Court Rule IV for more details.
• Judgment/Temporary Order on Petition/Motion to Change (CJD 446)
• A financial statement if financial issues are being modified
  • From each party with schedules if applicable
• If child support or medical, dental or vision insurance is being modified (or waived): Child Support Guidelines Worksheet 
• If the child support is being changed and the parties deviate above or below the guidelines amount (or waived): Findings and Determinations for Child Support and Post-Secondary Education (CJD 305) 
• If a party and/or a dependent child is a current recipient of public assistance or owes past-due support assigned to the Commonwealth, and if child support or medical insurance is being modified: Written Assent from DOR as the IV-D agency

If you can’t agree on the changes, you should file a complaint for modification of alimony. You'll need to file::

Required at initial filing: 

• Complaint for modification of alimony form
  • File the complaint in the county where the judgement was issued.
• If plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
  • Instructions on Uniform Counsel Certification Form

Additional filings:

These forms are not required at initial filing. These forms may need to be filed before the court can give you a hearing date or have your case heard by a judge. The division where you file can help answer questions on when these forms should be filed.

• A financial statement if the modification you’re requesting involves financial payments, parties must file financial statements. Please see the financial statements page for additional information, including the financial statement long and short forms and instructions.
  • See Uniform Probate Court Practice XXX and Supplemental Probate Court Rule 401 for more information.
• Military Affidavit when the defendant does not file an answer or appearance, or not appear on the hearing date. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.

If you aren’t the spouse who filed

If you aren’t the spouse who's asking for the change to alimony, the first time you hear about the court action might be when you get served with papers by a sheriff or constable. Read through the papers you receive carefully. You are the defendant in this case.

You have 20 days to file an “Answer” with the court. The Answer is a document that you write yourself, it isn’t a court form that you fill out. See Respond to a case filed against you in Probate and Family Court for information on how to write your answer and how to send it to the plaintiff (the person asking for the change) and the court.