Springfield Modifications Lawyer

Trusted Modifications Attorney In Springfield, TN

Life after a divorce or any end to a relationship is not static. People’s financial and personal situations change, and that can have an impact on factors like parental fitness and ability to pay child or spousal support. When that happens, you should hire a Springfield, TN, modifications lawyer to help you file and support a petition for modification of your agreements.

Trust Mathis, Bates & Klinghard PLLC

Here at Mathis, Bates & Klinghard PLLC, we understand that life is not always simple. Things change, and you might sometimes need to make changes to your post-divorce plans to reflect your new circumstances. We have been practicing family law for years, and in that time, we have handled countless modification cases. We can use our deep understanding of modification laws to help you, too.

Why Hire a Modifications Lawyer

In 2023, Tennessee had a divorce rate of 2.9 divorces per 1,000 state residents. Robertson County’s divorce rate is slightly higher than the state average at 3.4 divorces per 1,000 county residents as of 2020. Only 50.4% of all adults currently live with a spouse. What these statistics show is that divorces are relatively commonplace occurrences, and many of the people who get divorced continue to live alone while taking care of children and themselves.

Whether you plan to continue living alone after your divorce or you meet a new partner can have an impact on your post-divorce plans, as can other major changes in life circumstances. When that happens, you need to hire a modifications lawyer to help you make the necessary changes to your parenting, child support, and spousal support plans. A Springfield modifications attorney can help you pursue this goal quickly and efficiently so you can move on with your life.

Child Custody and Visitation Modifications

Child custody modifications are only made when it’s in the child’s best interest. If you want to modify your custody or visitation plans in Springfield, you will need to prove that it will be beneficial for your child. Circumstances that might warrant changing your custody plan can include:

• A significant move. If you or the other parent plans to move away, that could have a direct impact on the child’s well-being and may necessitate a change in child custody arrangements.
• Changes in work schedule. Sometimes parents must take on new jobs or altered hours that make it difficult to maintain current child custody plans. When that happens, they can petition the court to change them.
• Concerns about parental fitness. If one parent develops an issue with substance abuse or neglect, or they enter into a dangerous living environment, it could endanger the child. Custody or visitation arrangements may need to change.
• Non-adherence. If one parent consistently violates the current parenting plan, it can be considered grounds for altering the child custody or visitation arrangements.

Your lawyer can help you gather evidence that proves the grounds for modifying your parenting plan.

Child Support Modifications

Child support orders are designed to see that children’s needs are met. They generally reflect the parents’ current financial situations, which can change. You may need to alter your child support agreement if you or your co-parent is affected by:

• A major income change
• A job loss
• A new job
• Changes in the child’s needs
• Changes in the custody arrangements

As with modifications to parenting plans, you may need to provide proof of any changes in your financial situation to the Circuit Court or Chancery Court of Robertson County for your hearing.

Spousal Support Modifications

Alimony can also be modified in most cases. The exception is when divorce decrees explicitly state that spousal support is non-modifiable. Grounds for modification can include:

• A Change in financial circumstances
• Job loss
• Retirement
• The receiving spouse’s new cohabitation arrangements
• Changes in health

You should petition for changes as soon as your circumstances change.

Understanding a Substantial and Material Change in Circumstances

One of the most misunderstood aspects of Tennessee modification law involves the standard of a substantial and material change in circumstances. Essentially, the courts want to know that circumstances are different now than they were when the order was entered. Simply put, if things were substantially and materially different at the time of the hearing than they were when the divorce decree or previous order was issued, the court may approve a modification.

Simply being unhappy with the outcome of your divorce is not enough reason to modify a court order. Instead, you must prove that circumstances have changed. Some examples of common changes include:

• Serious medical diagnosis
• Substantial increase or decrease in income
• Long-term unemployment changes
• Significant change in work schedule
• Criminal charges or conviction
• Substance abuse issues
• Parental relocation
• A child’s needs that change over time, such as educational, medical, or developmental needs

Courts look at the facts of each modification case individually. For instance, a child who develops special medical needs may require more support than was allocated during the divorce. In some cases, a support plan or parenting plan may no longer be realistic due to the changes in circumstances.

The Tennessee Income Shares Model

The Income Shares Model controls the calculation of child support orders in Tennessee. When a parent petitions the court to modify their child support obligation, the court may calculate child support based on this model.

Parents who want to modify their child support orders should be familiar with the Income Shares Model and how it applies to their family.

Understanding Significant Variance

In Tennessee, family courts commonly mandate a significant variance of at least 15% between the existing child support order and what the obligor would owe based on new calculations. Before the court modifies a child support order, one party must prove that there has been a significant variance between what they pay and what they should pay. The court may consider several factors when determining if a significant variance exists, such as:

• Incomes of both parents
• New or lost employment
• Changes in parenting time
• Additional child support obligations
• Changes in healthcare costs
• Childcare costs

If your financial situation has changed since your order was entered, you should speak with a knowledgeable attorney. They can advise you on how the Income Shares Model applies to you.

Cohabitation and Alimony Modifications

Sometimes, a person who was ordered to pay alimony may file a request to modify or terminate alimony after the divorce is final. Often, this occurs when the alimony payee begins living with another person. Under Tennessee law, living with another person can significantly impact alimony.

If your ex lives with another person, the courts may assume that they do not need the same amount of financial support. Keep in mind, this does not automatically terminate alimony payments, but it could make it easier for the obligor to prove that alimony should be reduced. Courts can consider a few factors when determining if alimony should be reduced, including:

• Shared housing expenses
• Financial support from the new partner
• Household income
• Financial need

If you believe that your ex is cohabitating with another person, you could request a modification of your alimony order.

Orders That Cannot Be Modified

In Tennessee, certain aspects of your divorce cannot be modified. While child support, parenting plans, and many types of alimony can typically be modified, items that were divided during your divorce, such as property and debt, are typically considered final.

For example, if your ex was awarded the marital home or given permission to keep the marital car, you cannot go back to court years later to demand that they give it to you. Some divorce orders are intentionally created to be final.

Understanding Modification vs. Enforcement

Many problems that arise after a divorce do not necessarily call for a modification. Sometimes, the existing order works exactly as it should, but one person refuses to abide by its terms.

When you file a modification, you are asking the court to change the terms of an existing order. Generally, this means that circumstances have changed since the order was originally entered. Enforcement means making the other party do what the order says. Therefore, instead of changing the terms of your order, you are asking the court to enforce the order as it is. An enforcement may be requested if the other party is:

• Not paying child support
• Not paying alimony
• Not abiding by the parenting time schedule, either by not showing up or keeping the child from the other parent
• Denying rights to visitation
• Refusing to transfer property after the court has ordered them to do so

It is important to know the difference between these two because they are handled differently under the law.

Petition for Contempt

One way to enforce a court order is by filing a contempt petition. People sometimes use contempt actions when the other party knows about the order but willfully refuses to comply. These types of cases are filed in the Tennessee counties where the court has jurisdiction. For Robertson County, you may file your Petition for Contempt in the Robertson County Chancery Court at 422 West Court Square, Springfield, TN 37172.

The contempt process is a way for the court to find out whether the other party knew about the order and chose not to follow it. Willfully refusing to pay court-ordered child support or denying visitation without a valid reason may be grounds for contempt. If you succeed in your contempt case, the judge may award you:

• Monetary sanctions
• Attorney’s fees
• Make-up parenting time
• Garnishment of wages
• Jail time (in extreme cases)
• Other penalties to rectify the issue

Contempt orders are a way for the court to force someone to comply with an order. They are not typically meant to punish the person who is found in contempt. However, depending on the violation, contempt can come with some heavy penalties.

Hire a Modifications Lawyer

Modification and enforcement issues can be complex. You may need to modify your order because of a change in circumstances. Perhaps you need the court to make your ex respect your parenting time. In these and other cases, you should hire a modifications lawyer.

Many people consult a Springfield modifications attorney because they want someone who knows how to collect evidence, gather financial records, and navigate the court system. Your lawyer can prepare your filings, represent you at hearings, and meet all deadlines. Additionally, an attorney can pursue a resolution that serves your family’s interests.

FAQs

Can You Modify a Parenting Plan Without Going to Court in TN?

You cannot make major modifications to a parenting plan without going to court in TN. To substantially modify your parenting plan, you must prove a change in circumstances and file a petition with the court. You can, however, use a mediator or another professional to help you and your co-parent reach an agreement on the modification before filing the document.

What Evidence Should I Bring to a Modification Hearing?

The evidence that you should bring to a modification hearing depends on what kind of modification you are seeking. Some examples would be:

• Pay stubs
• Tax returns
• Medical records
• School records
• Employer verification
• Text messages
• Emails
• Witness statements

Show as much evidence as possible that supports your reasoning for the requested modification.

Can Grandparents Seek Changes to Visitation Orders After a Divorce?

Grandparents may sometimes need to petition the court to gain visitation rights or request modifications to visitation. When deciding whether visitation is to be granted to grandparents in Tennessee, it typically comes down to what is in the best interest of the child and their relationship. Whether or not a modification may be granted depends on the case.

Is It Worth Getting a Lawyer for Child Support Modifications?

It is worth getting a lawyer for child support modifications. The process can be challenging, and you may face pushback from your co-parent. A modifications lawyer can assist you with keeping track of deadlines, filing paperwork, and gathering the evidence required to support your argument. They can also present your case during your hearing. It may cost more money to hire a modifications attorney now, but it can pay off in the long term.

Your Springfield, TN, Modifications Lawyer

Making changes to a plan can be complicated. You can reduce frustration and protect your interests by hiring a Springfield, TN, modifications lawyer. Mathis, Bates & Klinghard PLLC (MBK Legal) can represent you. Our family law firm has assisted countless clients with making changes to their parenting, child support, and spousal support plans, and we can do the same for you, too. Contact us today to schedule an initial consultation.