Uncontested actions to modify a judgment or order

In order to facilitate uncontested actions to modify a judgment or order, including, but not limited to, actions to modify child support consistent with the Child Support Guidelines, the following uniform procedure is to be followed: (a) The parties shall file with the court a joint petition to modify a judgment or a joint motion to modify an order, on a form approved by the Probate and Family Court. The petition or motion shall be accompanied by a copy of the judgment or order to be modified and: (1) an agreement setting forth the agreed upon modification(s), which must be notarized if modifying a judgment. If a child's primary residence or custody is being modified, the agreement must specifically state whether any terms in a prior judgment or order related to child support, health, dental, vision or life insurance coverage are also modified, or if they remain in effect. If child support is being modified and the parties deviate from the guidelines amount, the agreement must include specific facts that justify departure from the guidelines, and if the parties agreement terminates child support upon the age of 18, the agreement must acknowledge that G. L. c. 208, § 28 or G. L. c. 209C, § 9 is not applicable; (2) complete and accurate financial statements signed by each party and counsel, if any, pursuant to Supplemental Probate and Family Court Rule 401 , with supporting documentation (attach W-2 and 1099 forms for prior year), if financial issues are being modified; (3) a complete and accurate Child Support Guidelines Worksheet , if child support or medical, dental or vision insurance is being modified; (4) a written assent from the Department of Revenue Child Support Enforcement Division as the IV-D agency when a party, and/or a dependent child, is a current recipient of public assistance or owes a past-due child support debt assigned to the Commonwealth, and any term relating to child support or medical insurance is being modified; (5) a proposed Child Support Findings form , if child support is being modified and the parties deviate from the guidelines amount; (6) an Affidavit Disclosing Care or Custody Proceeding form by each party, pursuant to Trial Court Rule IV , if the care, custody or visitation of a child is being modified; (7) any other assent or document required by statute or court rule; and (8) a proposed judgment or order on a form approved by the Probate and Family Court. (b) Formal notice or service shall not be required. (c) Neither party shall mark the joint petition or joint motion for hearing. In the event that the court believes that a hearing is necessary or helpful to a disposition of the matter, the court will set the time and date of the hearing and will notify the parties within twenty-one (21) days of the filing of the petition or motion. If the pleadings are deficient or incomplete, an in-person hearing will be required. (d) A joint petition or joint motion that is not scheduled for a hearing will be decided on the papers filed in accordance with this rule within thirty (30) days of such filing. (e) A judgment or order entered on a joint petition or joint motion involving child support will be entered in the State Case Registry pursuant to G.L. c. 119A § 4 . (f) This rule cannot be applied to actions governed by G.L. c. 209A .