Post-Divorce

Anyone who has been involved in a divorce can tell you that divorce is rarely a clean break. Many issues linger even after the final divorce decree has been signed and approved by the court. The lawyers at LawCare in Brentwood, Tennessee, are committed to helping people work through any post-divorce matter.

Post-divorce enforcement of Child support, Alimony and Property division

Pieces of paper don't make things happen. If you have an order that has not been complied with, you may need to seek the assistance of the Court.

Criminal Contempt: The Court may jail a person who willfully fails to follow the orders of the Court. The jail sentence may be up to 10 days for each act (or failure to act) of contempt. You must bring it to the attention of the Court within a year and the maximum number of days is 180.

Civil Contempt: The Court may jail a person who willfully fails to follow the orders of the Court until that person decides to comply. You must show that the person had the "ability to comply" before you can seek this relief.

Child support and Alimony: Child support and alimony may be enforced by criminal or civil contempt. However, the laws of procedure, service, and evidence must be carefully complied with. In addition to the contempt, you may get a judgment for the amount of money that has not been paid. This judgment may be enforced through a wage assignment or levy against property.

Property division: This sometimes requires getting a court order to sell property, transfer retirement accounts, or turn over possession of personal property.

Post-divorce Modification

While most aspects of a divorce decree cannot be modified, issues involving child custody, child support, parenting time, and alimony are modifiable. Tennessee courts require a "material change in circumstances" before they will consider a changing a previous court order.

Child Custody and Parenting Time : See the Child Custody and Parenting Plan Modification page.

Alimony: Certain types of alimony can be modified. See the Glossary of Terms page.

Child Support : This can be modified when there is a change in the residential schedule or when the parties have had a change in income that results in a 15% variance from the prior order. Tennessee now follows the "income shares" model for child support. All of the following information must be collected to determine child support obligations:

Incomes of both parties, including interest, capital gains, gambling winnings, etc.
The cost of the child's medical insurance coverage
The number of days the child spends with each parent
The cost of private school or other "enrichment" activities
A determination if either parent has a financial responsibility for another child not listed
A determination if either parent is under a prior child support order

Parental relocation

Tennessee provides that if either parent relocates greater than 100 miles from the jurisdiction of the court or to another state that the relocating parent must give specific written notice and give the other parent the right to object to the relocation of the child.

The Court must find that the relocation is reasonable and that it is not intended to interfere with the other parent's relationship.

Appeals of Court orders

An appeal must be taken within 30 days of the Judge's order from Circuit or Chancery and within 10 days of an order from a Juvenile Court Judge. If a Juvenile Court referee has entered the order, you only have 5 days to file an appeal or rehearing.

LawCare is equipped to take your case to the appellate level whether we have done the initial hearing or not. However, remember, if we did not do the original hearing, we can only rely on the evidence presented by your original counsel.

Working with our clients through Mediation

The parties may agree to mediate post-divorce. We work closely with our clients to present the necessary information to the mediator.

Skilled Tennessee Divorce Order Modification Attorneys

At LawCare , we are committed to helping people in communities like Nashville, Brentwood, and Franklin, Tennessee, deal with post-divorce matters. Our firm can be reached by phone at (615) 661-0122, by e-mail, or by filling out our in-take form.