Post-Divorce Modifications Attorney in Tennessee

Experienced Legal Support for Post-Divorce Issues in Jackson and Clarksville

When a divorce agreement is made, each party is expected to oblige by the order. However, there are many occasions where an ex-spouse will fail to uphold their end of the deal, resulting in extreme hardship or unfair treatment for the other party.

Whether you are seeking a post-divorce modification or fighting one, it is imperative to obtain legal consultation from a skilled and reliable attorney. At Casey, Simmons & Bryant, PLLC, our lawyers possess the extensive knowledge of Tennessee laws and court proceedings to help you navigate through the possible complexities of your case. Do not hesitate to get the legal help necessary to begin a fresh new chapter in life.

Need help with post-divorce modifications? Contact us today at (731) 256-0023 for expert legal assistance!

Contempt of Court in Tennessee

If a party fails to obey a court order in Tennessee, action must be taken to force the individual to comply with the order. In some cases, it may be necessary to file a contempt petition that aims to punish a noncompliant person for continuously ignoring a court order. If a party is held in contempt for violating a court order, punishment can include wage garnishments, seizure of property or assets, interception of tax refunds and lottery winnings, driver’s license suspension, and even jail time.

Common violations which can result in contempt proceedings include the following:

• Failure to make regularly schedule child support or alimony payments
• Failure to make your child available for scheduled visitation
• Failure to abide by the property division order
• Refuse to return your child to the custodial parent after scheduled visitation time

Modification of Court Orders

If you want to modify your divorce agreement, you must demonstrate that there has been “a substantial and material change in the circumstances” since the court entered the last order. The change can occur to you or the other party.

The following are common circumstances to modify a court order:

• Losing a job
• Getting remarried
• Having more children
• Retiring
• Being arrested or convicted

Types of Post-Divorce Modifications

Child Custody Modifications

• Child custody arrangements can be modified if there has been a significant change in circumstances. This could include a parent’s relocation, changes in the child’s needs, or a parent’s inability to care for the child.
• Common reasons for custody changes include:
  • One parent moving to a different city or state.
  • A parent developing health issues or facing legal troubles.
  • The child’s preference (if they are of sufficient age).
  • A change in the child’s education or special needs.

Child Support Modifications

• Child support can be adjusted if there’s a significant change in income for either parent, or if the child's needs change.
• Common circumstances for child support modifications:
  • Job loss or a major salary reduction.
  • Increased medical or educational expenses for the child.
  • The other parent’s change in financial circumstances.
  • The child’s age or special needs requiring additional support.

Alimony Modifications

• Alimony (spousal support) payments can be modified if there is a change in the paying spouse’s financial situation or in the recipient's needs.
• Reasons for modification might include:
  • A significant change in the paying spouse’s income, like a job loss.
  • The recipient’s income increases or they become self-sufficient.
  • One spouse remarries or enters a new relationship.
  • Health issues or a significant life event that affects the need for support.

Visitation Modifications

• Visitation schedules can be changed if there are changes in the availability of either parent, or if one parent consistently fails to comply with the original schedule.
• Typical reasons for visitation modifications include:
  • Changes in a parent’s work schedule or lifestyle.
  • A parent’s failure to respect the current visitation plan.
  • The child’s wishes or evolving relationship with one parent.

Factors the Court Considers in Post-Divorce Modifications

When deciding on post-divorce modifications, Tennessee courts consider several key factors:

• Best Interest of the Child: The child’s well-being is always the top priority. The court will assess how any changes will impact the child’s stability, safety, and emotional development.
• Financial Circumstances: Both parties' financial situations will be evaluated. This includes income changes, employment status, and the ability to meet financial obligations like child support or alimony.
• Life Changes: Any major life changes, such as remarriage, relocation, or serious health issues, will be considered to determine if they justify a modification.

The Legal Process for Post-Divorce Modifications

The process for filing for a post-divorce modification generally follows these steps:

1. Gather Documentation: Collect evidence to support your request for modification, such as financial records, medical records, or school records.
2. File a Petition: Submit a petition for modification to the court outlining the changes in circumstances and the reason for the request.
3. Court Hearings: Both parties may be required to attend hearings where they present their case to the judge. Mediation may also be an option to resolve the dispute outside of court.
4. Modification Agreement: If both parties agree on the terms, a modified court order will be issued. If they cannot agree, the judge will decide on the modification based on the evidence presented.

Protecting Your Rights in Post-Divorce Modifications

After a divorce is finalized, circumstances may change that require modifications to court orders regarding child custody, visitation, alimony, or child support. Our experienced attorneys at Casey, Simmons & Bryant, PLLC are here to help you navigate the legal process of post-divorce modifications in Tennessee.

Whether you are seeking a modification or defending against one, our team will work diligently to protect your rights and interests. We understand the complexities of family law and will provide you with personalized legal support tailored to your unique situation.

Don't navigate post-divorce modifications alone. today to schedule a consultation and discuss your options.

Frequently Asked Questions (FAQs) About Post-Divorce Modifications in Tennessee

• How soon can I request a post-divorce modification?
  You can request a modification as soon as there is a significant change in circumstances. However, there is typically a waiting period after the divorce is finalized before you can request changes. It’s best to consult with an attorney to determine the right timing.
• Can I modify a divorce agreement if the other party doesn’t agree?
  Yes, you can still file for a modification, even if the other party does not agree. However, the court will ultimately decide whether the requested modification is justified based on the evidence presented.
• What happens if I don’t comply with a post-divorce court order?
  If you fail to comply with a court order, the other party may file a motion for contempt. Non-compliance can lead to consequences such as wage garnishment, asset seizure, or even jail time. It’s important to adhere to court orders or seek a modification if needed.
• Is there a limit to how many times I can request a modification?
  There is no specific limit on how many times you can request a modification. However, you must demonstrate that there has been a significant change in circumstances each time you file for a change. Repeated modifications without valid reasons may be denied.
• Can I request a modification for a temporary period?
  Yes, it is possible to request temporary modifications, especially in urgent situations. This could apply to temporary child custody or visitation arrangements if there’s an immediate need.
• Can I modify child support if my ex-spouse gets remarried?
  The remarriage of your ex-spouse may affect child support in some cases, but it's not automatic. The court will review the financial circumstances of both parties to determine if a modification is warranted based on the new situation.
• What if I don’t have sufficient evidence for a modification request?
  Evidence is key when requesting a modification. Without sufficient proof of a substantial change in circumstances, your request may be denied. Gathering financial documents, medical records, or any relevant information is crucial to support your case.

Our Jackson Modifications Lawyers Can Help

Just because the divorce is over, doesn’t mean that you will not have legal problems with your ex-spouse. Fortunately, you have the power to make the necessary changes with the help of our team.