Tennessee Post-Divorce Modifications Lawyer
Enforcement of Prior Orders
If an individual isn't following his or her obligations under the current order for child support, maintenance or another family law issue, you will need an experienced lawyer who will work to enforce your rights. However, the courts will only enforce orders that exist in the original judgment, which is why it is very important to have a knowledgeable attorney draft the judgment or settlement agreement. At the Law Office of Douglas J. Carter, we assist individuals and families in and around Johnson City, Jonesborough, Erwin and Elizabethton, Tennessee, with family law matters, including post-divorce litigation and modification. To speak with our staff regarding child support modifications, contact the firm online or by calling 423-926-9193.
We will work to have the court enforce the obligations of the other party, including:
- Complying with a child custody schedule
- Complying with a child custody agreement
- Child support enforcement
- Following an alimony payment plan
- Transferring assets or property
Modification — Change of Circumstances
A modification to a prior order may be necessary as the children get older, if one parent moves or if one parent has a change in income. To grant a modification, the court requires evidence of what it calls a material change in circumstances or a significant variance in the case of child support. Whether or not a material change is valid depends to some extent on the views of the judge hearing your petition to modify. A modification of child support requires an increase or decrease in income of 15 percent or more.
Parents are encouraged to work out an agreement on their own. When an agreement cannot be reached between the parties, attorney Doug Carter can provide mediation services to negotiate the areas in which the parties have differing opinions. If an agreement cannot be met during mediation, the court will make the ultimate decision regarding the requested modification. To schedule a free initial consultation to discuss your legal matter, contact the firm online or by calling 423-926-9193.
Post Divorce Mediation
If you have children, the parenting plan ordered by the Court (almost always) requires mediation. If you are unable to agree on changes in parenting schedules or rules. Often the cost of this type of mediation is less because fewer issues are involved.
Moving - You may need agreement or court approval.
Tennessee statutes require notice when a parent is moving out of state or more than 100 miles in state. You must give your ex-spouse 30 days notice and if you cannot agree on the terms of a new plan, mediate or have a hearing.