Franklin Post-Divorce Modifications
When a Williamson County court dissolves a marriage, the judge issues a final decree of divorce, making the divorce official. The court likely issues other orders along with the decree, and these orders are meant to be final as well. The parenting plan, property settlement agreement and alimony agreement all have the effect of court orders. This means they must be obeyed, and a party who violates them can be held in contempt and face negative consequences. If your ex is violating a court order, you should talk to your attorney about ways to enforce those orders. If you find yourself unable to comply with a court order or feel the way things were settled at the end of your divorce is no longer working, ask your lawyer about a modification. You might be able to modify an aspect of the divorce if you qualify.
Modifying an order for alimony, child custody or child support requires going to court and getting approval from the judge. Unless both parties agree in advance on the proposed modification, the judge will have to take evidence and hold a contested hearing to decide whether a modification is appropriate or not. The Franklin divorce attorneys at Fort, Holloway, & Rogers, LLC, have years of experience representing clients in divorce and post-divorce modification proceedings. Our attorneys can help you work out an agreement with your ex to modify a court order, or we can take your case to court and fight for your interests, whether you are the party proposing or opposing the modification. Call our office in Franklin to discuss a possible modification of a Williamson County order for alimony, child custody or child support.
Alimony Modifications in Tennessee
Alimony can be modified by showing a substantial and material change in circumstances that would justify a modification. This change in circumstances must have been unforeseeable, unanticipated, and not contemplated at the time the original alimony decision was made. Also, the change must significantly impact the ability of the payor to pay or the need of the payee to receive it. It’s important to know that alimony in Tennessee comes in different forms, and not all types of alimony can be modified. For instance, rehabilitative alimony or alimony in futuro can be modified by the court, but transitional alimony and alimony in solido require the agreement of the parties to modify.
Modifying Child Custody in Williamson County Courts
Child custody modifications also require a change in circumstances, but the change must relate to the child in some way, and any modification must be in the child’s best interest. A well-crafted parenting plan will foresee likely changes as a child grows and develops, and the plan will adapt to changes such as a child entering school or transitioning from elementary to secondary school. Other changes might not be foreseen, such as a health condition or change in schools for unexpected reasons. A parent wishing to relocate far away or out of state could justify a change in custody as well, but the moving parent would have to meet the burden of showing the move is in the child’s best interest and that a change in custody would not be detrimental.
Modification of Child Support in Franklin
Since child support is calculated under the Income Shares Guidelines, a change in a parent’s income could justify a modification of the child support order. A significant variance is required for a change: there must be at least a 15% difference between the current and proposed child support amount. Figuring out whether this variance applies requires complicated calculations and a thorough understanding of the guidelines and applicable laws, formulas and worksheets. Other reasons that might warrant modifying child support include a change in the custody arrangement/parenting plan or if the payor is going to jail. A change in a child’s health care needs is always a basis to consider a modification of support.
Help With Post-Divorce Modifications in Franklin
If you are seeking or opposing a modification of alimony, child custody or child support in Williamson County, call Fort, Holloway, & Rogers at 615-791-7575 for practical advice and strategic representation from a skilled and knowledgeable Franklin divorce attorney.