Legal Question in Family Law in Massachusetts
I had to name my ex-wife and three children as sole and irrevocable beneficiaries to my life insurance to support the alimony and child support order. My oldest child is emancipated and my ex-wife is remarried and no longer receiving alimony. I am requesting the court to modify the order by lowering the amount of life insurance coverage by 1/3 because my oldest child is emancipated and modify the order by lowering the amount of life insurance by another 1/3 when my second child becomes emancipated in May of 2011. The opposing Attorney says the Life Insurance cannot be modified because the ex-wife and children are sole and irrevocable beneficiaries. Is this true? I thought the court can modify the child support order on anything?
2 Answers from Attorneys
I would disagree with the other attorney's reasoning. You are bound by your divorce judgment and any orders of the court, but orders with respect to child and spousal support are modifiable. There is not enough information here to judge whether you will be successful, but there is nothing preventing you from bringing your motion.
I agree with Chris. Usually these orders enter to protect the debt owed under the agreement.
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