Post-Divorce Modifications Attorney in Gallatin, TN
Once a divorce is finalized, spouses should be able to move on cleanly. However, life circumstances often change, making a modification to the divorce court order necessary. During this time, you’ll want to seek guidance from a Gallatin post-divorce modifications lawyer.
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The team at Phillips | Ralston values honesty and efficiency in all legal cases we take on. We dedicate ourselves to our clients, working tirelessly to resolve their cases as quickly as possible.
Our Gallatin family lawyers understand that a favorable legal outcome can offer clients a bright future. We strive to help empower our clients to take back control of their lives during difficult times. During your consultation, you’ll be able to explain your desired outcome to one of our legal professionals. They can offer transparent legal advice to help you make informed choices regarding your case.
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Modifying a Child Support Order
In 2023, there was an average of 5,133 divorced people living in Gallatin. While their cases are finalized, modifications can be revisited regardless of how long it’s been. The type of modification depends on your circumstances and the order that is being requested for modification.
In Tennessee, a court can modify a child support order when there has been a significant change in circumstances. These circumstances can include:
- Change in income. In 2023, the average Gallatin household income was $73,589. The top occupations in town were management, office and administrative support, and sales.
- Change in employment, such as a career shift or being let go from a current job
- Change in the child’s needs, such as their healthcare
- If a parent moves
- If a parent becomes disabled
Even if a parent starts to fall behind on their child support payments, they can still request a modification as long as the payments were not intentionally missed.
Modifying a Spousal Support Order
Similar to modifying a child support order, a spousal support order can be modified if there’s been a significant change in circumstances. However, this all depends on the type of alimony that was originally awarded. For example:
- Rehabilitative alimony can be increased, decreased, extended, or ended if circumstances change. The recipient must show they made reasonable efforts to become financially independent before asking to extend or increase it.
- Alimony in futuro, also called long-term alimony, can be modified if circumstances change. If the recipient lives with someone who helps support them, the court may reduce or suspend payments.
- Transitional alimony is generally not changeable unless the parties agreed to it, the court ordered it in the original decree, or the recipient lives with someone who helps support them.
- Lump-sum alimony, also called alimony in solido, can’t be changed except if both spouses agree.
In all cases, the court reviews the spouses’ financial circumstances and any changes that affect their ability to pay or need for support before making modifications.
Modifying a Child Custody Order
A child support order, also called a permanent parenting plan, can be requested to be modified. A parent has to file a new proposed plan with the court. If both parents agree to changes and the court approves, it’ll take effect.
If parents cannot agree on changes, the court will follow the established process to create a new permanent plan.
Be sure to hire a post-divorce modifications lawyer to represent your case. While it may seem simple, your ex and their legal team may try to push back. Our team has years of professional litigation experience at the Sumner County Chancery Court, located at 155 East Main Street.
With our extensive knowledge of Tennessee’s complex family laws, we’ll work hard to help secure a favorable outcome.
FAQs
What Do I Do if My Ex Won’t Follow the Modified Court Order?
If your ex isn’t following a family court order, start by carefully documenting every instance of non-compliance. This can include missed visits, late payments, or withheld information about your child. Keep copies of texts, emails, and payment statements. You can try to resolve this by talking with your ex if the issue is a misunderstanding. If that doesn’t work, you can file a motion for contempt with the court.
Does Relocating Affect Child Custody Orders in Tennessee?
Once a custody order is in place, a parent who wants to move with a child out of state or more than 50 miles within Tennessee must notify the other parent in writing. This notice must be sent at least 60 days before the move by certified mail. If the parents cannot agree on a new visitation schedule or if the non-moving parent objects, the relocating parent must file a petition with the court asking for approval.
What Happens if My Ex Refuses to Get a Job?
If your ex chooses to be unemployed, it can affect spousal and child support orders. If a court finds that a spouse is able to work but refuses, this can impact the alimony they receive. The court can adjust, reduce, or even terminate alimony. For child support, if a parent refuses to work, the parent could still be required to pay support based on what they could reasonably earn, not just what they actually earn.
Can a Modification Be Requested if My Child Changes Schools or Activities?
Depending on the specific circumstances, a modification to a support or custody order can be requested if your child changes schools or extracurricular activities. Private school tuition or fees for activities may require a modification in a support order. If the change will alter the child’s schedule, it’s important to work out a new plan with your other parent and submit it to the court for approval. Even little details, like a new drop-off and pickup time, should be submitted.
Hire a Post-Divorce Modifications Lawyer With Years of Experience
Reach out to the team at Phillips | Ralston today to schedule your confidential consultation. When clients work with us, they aren’t treated as just another case number. We know the real-life consequences a case can have, and are dedicated to achieving positive solutions for our clients.
Our Gallatin post-divorce modifications attorneys have dedicated their professional lives to protecting Sumner County residents during their most challenging times in life. Let our team fight for you.
