Massachusetts General Laws

Mass. Gen. Laws ch. 209C, § 20 (2026)

Modification of judgments; jurisdiction

✓ current as of July 2026
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Section 20. A court with original jurisdiction pursuant to section three has continuing jurisdiction, upon a complaint filed by a person or agency entitled to file original actions, to modify judgments of support, custody or visitation; provided however, that no modification concerning custody or visitation shall be granted unless the court finds that a substantial change in the circumstances of the parties or the child has occurred and finds modification to be in the child's best interests. Except as restricted by section twenty-three, the court may also modify a judgment to protect a party or child. In furtherance of the public policy that dependent children be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of support, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice of the trial court or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome the presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the original order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance. For cases being enforced by the IV–D agency as set forth in chapter 119A, a support order may also be modified in accordance with section 3B of said chapter 119A.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1990–2025 · leading case: Custody of Kali, 792 N.E.2d 635 (Mass. 2003).
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Custody of Kali, 792 N.E.2d 635 (Mass. 2003). · cites it 4× “106 of the Amendments (prohibiting discrimination based on sex); (2) the probate judge applied the wrong standard (“best interests of the child”) when he should have applied the “substantial change in circumstances” standard applicable to custody modification proceedings brought…”
L.W.K. v. E.R.C., 432 Mass. 438 (Mass. 2000). · cites it 4× “See G. L. c. 209C, § 20. It would be inconsistent with that and other mandates of the Legislature to conclude that a father’s court-ordered support obligation abated on his death, depriving his young daughter, of the resources necessary for her maintenance.”
Dep't of Revenue v. Mason M., 790 N.E.2d 671 (Mass. 2003). · cites it 2× “See G. L. c. 209C, § 20. “A support order may be modified if the judge finds a ‘substantial change in the circumstances of the parties or the child has occurred and finds modification to be in the child’s best interests.”
Morales v. Morales, 984 N.E.2d 748 (Mass. 2013). · cites it 2× “209, § 37 (orders for children of separated parents); G. L. c. 209C, § 20 (orders for children born out of wedlock).”
Mitchell v. Mitchell, 821 N.E.2d 79 (Mass. App. Ct. 2005). “” Statutes governing divorce and children bom out of wedlock provide that certain orders, including those pertaining to alimony and custody, may be modified upon a showing respectively, of a “substantial” 15 or a “material and substantial” 16 change in circumstances (and, in…”
Tatar v. Schuker, 874 N.E.2d 481 (Mass. App. Ct. 2007). “119A, § 1, and citing G. L. c. 209C, § 20. The mother in the L.”
Doe v. Roe, 585 N.E.2d 340 (Mass. App. Ct. 1992). “See G. L. c. 209C, § 20. A comparison of the defendant’s 1984 and 1988 financial statements shows a net weekly income (after taxes and certain other deductions) in 1984 of $595, and in 1988 of $895.”
Hoppe v. Haskins, 560 N.E.2d 746 (Mass. App. Ct. 1990). “Had that been the honest claim put forward by the father, proceedings under G. L. c. 209C, § 20, would have been entirely appropriate.”
K. J. M. v. M. C., 35 Mass. App. Ct. 456 (Mass. App. Ct. 1993). “” Accordingly, so much of the judgment as awards joint custody is modified to provide that custody is awarded to the mother, subject to the continuing jurisdiction of the Probate and Family Court pursuant to G. L. c. 209C, § 20. The judgment, as so modified, is affirmed.”
Paul Chesler v. Victoria Ivanova. (Mass. App. Ct. 2024). · cites it 6× “" G. L. c. 209C, § 20. Here, the judge ruled that both criteria were met.”
Martin v. Kenney, 797 N.E.2d 935 (Mass. App. Ct. 2003). · cites it 2× “Pursuant to G. L. c. 209C, § 20, as construed in L.W.”
Kjm v. Mc, 624 N.E.2d 571 (Mass. App. Ct. 1993). “" Accordingly, so much of the judgment as awards joint custody is modified to provide that custody is awarded to the mother, subject to the continuing jurisdiction of the Probate and Family Court pursuant to G.L.c. 209C, § 20. The judgment, as so modified, is affirmed.”
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