Clarksville Modifications Lawyer

Clarksville Modifications Attorney

When you get divorced, an agreement is made between spouses. Often, the court will have to participate heavily in the creation of the divorce agreement, especially if the divorce is contentious. Each spouse is expected to abide by this agreement, but there may be instances where one spouse fails to uphold their end of it. In these cases, you may want to seek a post-divorce modification with the help of a Clarksville modifications lawyer.

Getting divorced can be a difficult, emotional, and complicated process, particularly if you have a lot to lose in terms of assets or child custody. Above all, you want to make sure you are not taken advantage of during the proceedings. An experienced Clarksville divorce lawyer can help you make sure you are able to come out on top and avoid unnecessary complications.

There are many grounds for divorce in Tennessee, and pursuing a divorce based on one of them may not be simple.

What Are Post-Divorce Modifications?

Simply put, post-divorce modifications are additional changes that are added to a divorce agreement after it has already been finalized. Circumstances change all the time for both spouses. One spouse could meet someone new and get remarried, which would require a change in spousal support and/or child custody. One spouse could get convicted of a crime, which would likely result in a change in visitation rights or shared custody.

A divorce agreement is a legally binding court order that is easily enforceable. If one spouse fails to abide by the agreement, legal action may be taken to force them to do so. You may have to file a contempt of court petition to punish your former spouse for repeatedly disobeying a court order. The legal penalties for being held in contempt can include wage garnishments, seizure of certain assets, driver’s license suspension, and even jail time.

Different Types of Post-Divorce Modifications

It’s not uncommon for the circumstances of a divorce agreement to change from time to time. It’s important that you take action soon to rectify these changes so your agreement is still applicable to your situation. Here are some of the common types of post-divorce modifications that a modifications lawyer can help you put together:

• Child Custody Modifications: Child custody arrangements are modified all the time to reflect significant life changes that affect either spouse’s custody situation. There are many different life events that could affect a child custody arrangement and force a reevaluation, including:
  • One parent relocates to another city, state, or country.
  • One parent develops significant health issues and can no longer be a custodial parent.
  • One parent is facing significant legal troubles.
  • The child has reached an age where they are able to choose which parent they would rather live with.
  • The child’s education needs have changed.

• Child Support Modifications: The original agreement for child support may change depending on the needs of the child and the financial changes of either parent. Some common changes that could lead to a child support modification include:
  • One parent has recently lost their job and is unable to meet child support payments.
  • Due to unforeseen circumstances, the child’s medical needs have increased.
  • One parent’s financial situation has changed.

• Spousal Support Modifications: The original agreement for alimony, or spousal support, may have changed over time due to a number of significant life events, such as:
  • One spouse has lost their job and is unable to pay the same amount in spousal support.
  • The receiving spouse has had an increase in their income.
  • The receiving spouse has remarried or entered a serious new relationship.
  • One spouse is dealing with significant health issues that have taken priority over paying spousal support.

FAQs

Q: How Do You Win a Custody Modification Case?

A: To win a custody modification case in Clarksville, you have to demonstrate to the court that there has been a significant life change in either you, your former spouse, or your child’s life that warrants a reevaluation of the original custody agreement. You also need to prove that the proposed change is what’s right for the child above all else.

Q: Can You Modify a Parenting Plan Without Going to Court in Tennessee?

A: Yes, it is possible for you to modify a parenting plan without going to court in Tennessee. However, you can only do this if you are able to reach an amicable agreement with the other parent and agree on the changes together. If the parents are not able to reach an agreement, the court will be the one to decide if changes are necessary and/or needed.

Q: At What Age Can a Child Refuse to See a Parent in Tennessee?

A: In Tennessee, a child can refuse to see one of their parents and express other opinions regarding visitation when they are 12 years old or older. The court considers this to be an appropriate age for a child to start making their own decisions regarding which parent they would like to live with or not see anymore. Ultimately, the court will always do what’s right for the child.

Q: Should I Get a Lawyer for a Post-Divorce Modification?

A: Yes, it is highly recommended that you hire a lawyer for a post-divorce modification. You should always have a lawyer any time you are dealing with serious legal matters, including modifications of divorce agreements. You may not entirely know what to expect when trying to re-negotiate child custody or visitation rights. You should consider having an experienced lawyer by your side if only for peace of mind.

Reach Out to a Modifications Lawyer Today

Having to revisit your divorce agreements under new circumstances can be somewhat emotional and even a bit frustrating. Having an experienced lawyer by your side to help you make decent judgment calls and stay focused can really make all the difference.

The legal team at Mathis, Bates & Klinghard PLLC can help you figure out how you should pursue a modification. We can put together a strong case for modification or fight it if you are on the receiving end of one. Contact us to speak to someone who can help you figure out your next move with your case.