When your divorce is complete, it’s effectively “final,” but in life, things do change and that means you may need to change your divorce decree as well. As time goes on, either your or your ex-spouse’s life circumstances may no longer be the same, and certain issues in your divorce agreement may no longer be beneficial. In cases like this, you may be able to file to modify your final decree or parenting plan.
Post-divorce modification
When filing for a post-divorce modification, you’re requesting that the court alter the prior order of divorce. Reasons you might request a divorce modification include:
- Alimony. If either ex-spouse’s income increases or decreases significantly, if there’s a substantial change in cost of living, if one remarries, if one becomes incarcerated, or any other number of material changes in circumstances, the amount of alimony paid or received can be modified.
- Child custody. To change custody, a substantial and material change of circumstances must have taken place that warrants a change of custody in the best interest of the child. This may or may not include neglect or mistreatment of the child involved. Sometimes custody is changed at the request of the child, though this is rare unless there are also other material changes of circumstances at play.
- Child support. Support payments can be modified when there is a “significant variance,” such as an income change of 15% of the non-custodial parent, if there’s a change in certain types of the child’s expenses, or if either of the parents becomes disabled.
- Visitation schedules. Visitation can be changed if the schedules of the parent or the child modifies over time to the point that the original agreement is impossible to adhere to. Additionally, if one parent ignores or denies the visitation time, a parent can request more to offset lost time.
- Moving. If one parent wants to relocate more than 50 miles away, the other parent can have the court make that decision, which could also include a custody change.
Items that cannot be changed by a divorce modification include property division and debt division.
Enforcement and contempt
If one of the ex-spouses fails to follow the divorce decree, the other can start legal proceedings to enforce the action, usually done by filing a Petition of Contempt. Typically, these are filed when an ex fails to pay child support, alimony, or fails to keep up with their part of the parenting plan. After papers are filed, the court sets a hearing for the party to appear and show cause as to why they should not be held in contempt.
The court can punish violations of the divorce agreement via wage garnishment, the Sheriff taking money from their bank account, or holding the party in jail.
If you are divorced but find your or your ex-spouse’s circumstances have changed, you may need a modification of your divorce decree. Or, you may need assistance enforcing an existing divorce decree. We have the experience and knowledge to help. The Nashville divorce lawyers at Miller Upshaw Family Law, PLLC are here to answer any questions you have and work to find the best solutions for your unique needs. Please call 615-391-4200 or use our contact form to schedule an appointment with our dedicated legal team.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
