When you walked out of the courthouse after your divorce was finalized, you were likely relieved that it was over. Sometimes, however, situations change, and you must return to court because the divorce decree needs to be modified. If you find yourself in the position of being in a co-parenting relationship with your former spouse, but he or she is not upholding his or her responsibilities, it might be time to modify the divorce decree.

Some of the common reasons for post-decree modifications include changes to child support, parenting time/visitation and spousal support. If you have proof of a substantial and material change in circumstances since the decree was final, you may be able to get the court order modified.

It may be time to seek a modification if your co-parent is:

• Not paying child support
• Not contributing to medical bills or health insurance
• Not contributing to school tuition
• Repeatedly late* to pick-ups or drop-offs – or has not shown up at all
• Making more money, and therefore should be contributing more to child support
• Out of work, and can no longer afford the same child support payments
• Abusing drugs or alcohol
• Planning to relocate more than 50 miles away
• Has been convicted of a crime
• Seriously or terminally ill

If the couple divorced when the child was very young, they may have agreed that at a certain point, the agreement would have to be modified to suit the changing needs of a growing child.

*Please note that, in this context, “being late” does not necessarily mean running a few minutes behind every week. But, if your former partner is consistently 45 minutes late, for example, or shows up days later than he or she is supposed to and demands parenting time, or fails to bring your child back to you as scheduled, then a modification is likely in order.

Using mediation to settle modifications

If both parties are amenable, a modification can be settled quickly and without conflict through mediation. Mediation is a faster process than a drawn-out court battle, it is far more cost effective, and it can help preserve the relationship. Typically, if you and your co-parent are both in agreement, then the mediated settlement agreement would simply be filed with the Court and no court appearance would be required.

It is vital that you work with a Nashville divorce attorney right away when you are considering modifying the divorce decree. When it comes to modifying parenting time, visitation and or child support, your child’s best interests should rule the day and govern all arrangements.

Parents who are considering whether they need a modification to their divorce decree are welcome to speak with a Nashville divorce lawyer who is a strong advocate for you in your child’s best interests. Please call 615-391-4200  or contact the legal team at Miller Upshaw Family Law, PLLC to reserve an in-person or video consultation at our office. Let us help you find the right path forward, for you and for your children.