How Do Post-Divorce Judgments Work in Tennessee?
Most people who go through divorce want the situation to be final. Divorce indicates the end of your marriage, so once the case is over, you reasonably expect to be done with the entanglements with your ex. However, for many people, it is necessary to return to court to change divorce orders or enforce them. Specialized Nashville divorce lawyers explain what you should know about post-divorce judgments in Texas.
Modifying Divorce Orders
Sometimes, circumstances may change after a divorce. For example, you and your spouse may agree that another child custody arrangement is appropriate due to changes in your child’s life. Or, your ex may pose a threat to your child, wanting you to limit their custody rights. You may lose your job and be unable to pay child support or spousal support.
In these types of situations, it may be possible to work with a post divorce judgment attorney in Nashville to modify your divorce decree. Modifying a divorce decree may involve the following steps:
- Determining your right to modification – Not all aspects of the divorce order may be modified. For example, the property division component of your divorce decree usually stays intact. For child support orders, a substantial change in income is necessary, which is 15% or more or 7.5% or more for low-income cases of a change in child support.
- Negotiating – It may be possible for you and your ex to negotiate new terms you can agree on. A divorce lawyer can represent your interests during this process. If a new agreement is reached through lawyer negotiations or mediation, you can submit the request to modify the order to the court, along with the proposed settlement.
- Filing a request to modify the order – If your ex won’t voluntarily agree to modify the order, you can request the court to do so. This process is similar to the process involved in filing for divorce. You will need to prepare legal documents stating your reasons for the requested changes, provide evidence of your right to these changes, notify your spouse, and present your arguments in court.
Enforcing Divorce Orders
Whether you and your spouse voluntarily entered into a divorce agreement or a judge decided matters relevant to your divorce, the case was resolved with a divorce decree. You and your spouse are bound to the terms of the decree and any incorporated documents.
Sometimes, spouses fail to honor the requirements included in divorce decrees, such as:
- Failing to retitle assets
- Failing to pay child support or spousal support
- Refusing to permit court-ordered co-parenting time with their children
Depending on the circumstances, post-judgment enforcement actions may include:
- Wage assignment
- Income withholding or garnishment
- Bank levies
- Property liens
- Contempt of court charges
If your spouse does not comply with the decree, you can file a petition for contempt of court. This petition states what your spouse failed to do and requires them to attend a court hearing to show why they should not be held in contempt of court. If your spouse is found in contempt of court, they can face monetary fines and incarceration.
Contact Burdine Law Firm, PLLC for Immediate Assistance
At Burdine Law Firm, PLLC, our family law attorneys in Nashville understand how stressful the divorce process is and how it can be even more so when your ex is not doing what they should be. An experienced divorce lawyer from our firm can meet with you to discuss your specific situation and legal options. Call us at (629) 299-2228 for your complimentary consultation.