Columbia Post-Divorce Modifications Attorney
You probably felt a sense of relief when walking out the courthouse at the conclusion of your Tennessee divorce case, but there is a lot that can change in the months and years that follow. Still, a decree for divorce in Tennessee is a binding order that has the effect of law. You cannot unilaterally change it, and the parties cannot even amend it by agreement unless you go through the proper legal process. If you are unable to comply or find yourself in a different situation from when the divorce was finalized, post-divorce modification may be necessary.
The process of changing a court order is complicated and only applies to certain circumstances, so retaining legal counsel is essential when dealing with post-divorce modifications. Our team at Fort, Holloway, & Rogers, LLC assists clients on both sides of the issue, whether you seek adjustments or have reason to contest them. Please contact our office to schedule a consultation with a Columbia post-divorce modifications attorney who can explain how the process works. An overview is also useful.
Orders Subject to Post-Divorce Modification
Either party may request that the court adjust a previously entered order, and the basis for making changes varies according to the subject matter of the decree.
Child Support: Tennessee applies an income shares calculation for child support, so a fluctuation in either parent’s income could be grounds for modification. There must be a change of at least 15 percent to justify amending child support.
Child Custody: A change in circumstances might also be reason to adjust the child custody arrangement, especially considering how a child grows and develops. The child might wish to live with the other parent or switch from elementary to high school, and parental relocation is often cited for modifying child custody.
Alimony: When a substantial, material change impacts the payor’s ability to pay or the recipient’s need for support, a post-divorce modification of alimony may be appropriate. Note that not all types of alimony can be changed.
How Post-Divorce Modifications Work in Tennessee
In some cases, it may be possible to handle a modification by agreement of the parties. It will still be necessary to go to court and enter a new order, but a compromise has advantages over litigation. Mediation is another option, in which the parties sit down with a mediation professional and attempt to work out differences.
Our Columbia post-divorce modifications attorneys at Fort, Holloway, & Rogers, LLC will be at your side during settlement discussions, and will advocate for you at mediation. If a contested hearing becomes necessary, we are prepared to:
- Collect evidence;
- Prepare forms to request modification;
- File your response to a petition if you contest modification; and
- Represent you in court for a post-divorce modification hearing.
Set Up a Consultation with a Columbia Post-Divorce Modifications Attorney
To learn more about how we assist with changing a divorce decree, please contact Fort, Holloway, & Rogers, LLC at 931-901-2300 or via our website. You can set up a consultation with a Columbia post-divorce modifications lawyer who can provide details based upon your unique situation.