Nashville Modification of Orders Lawyer

After you divorce or separate from your child’s other parent, life moves on. The arrangements that you put in place during your divorce regarding custody and support will hopefully turn out to be viable ones that give you and your children the security you deserve.

Sometimes, however, things need to change because your existing arrangement isn’t working or circumstances have changed. When that happens, the Nashville modification of orders attorneys at Burdine Law Firm, PLLC can help you.

We can work with you to negotiate a modified agreement out of court, or to convince a judge to change the arrangements that are in place. To learn more about how our Nashville family law attorneys can help you, call us today at  (629) 529-4615.

When Can a Modification of Orders Occur After a Divorce?

In most cases, couples seek to modify specific types of court orders after a divorce. These court orders usually relate to:

Ideally, when you need to make changes to your agreements on these issues, you’ll be able to negotiate this out of court without involving a judge. Nashville divorce lawyers at Burdine Law Firm, PLLC helps 99% of clients to settle their cases out of court, so our solid negotiating skills make it much more likely you’ll be able to avoid the stress and expense of litigation.

However, if you cannot agree, you’ll need to make a convincing case to the judge about why a change needs to be made. And you must do that within the bounds of the law.

For example, Tennessee Code Section 36-6-101 states that “If the issue before the court is a modification of the court’s prior decree pertaining to a residential parenting schedule, then the petitioner must prove by a preponderance of the evidence a material change of circumstance affecting the child’s best interest.”

The law makes clear this doesn’t mean you must prove the current arrangement will harm the child. But, it does mean that you must show something substantial has shifted and a change is necessary. The law gives examples including:

  • Age-related changes
  • “Significant” changes to the living conditions or working conditions of either parent that could substantially impact their parenting
  • Failure to follow the existing parenting plan

These are not the only circumstances where a material change occurs. But, they show the types of big life changes that could justify the modification of a parenting plan.

And, of course, the factors considered when determining whether child or spousal support should be modified are different and focus on the finances of the parents as well as the needs of the child. Tennessee Code Section 36-5-101 addresses when these changes should be made for child support while Code Section 36-5-121 addresses modification of spousal support orders.

Getting Help With Nashville Modification of Orders

If you need to make a change to an existing court order, Burdine Law Firm, PLLC is here to help. Our Nashville modification of orders lawyers can work with you to negotiate an agreement with your former spouse or can present a compelling case in court that a new agreement is best. Give us a call at  (629) 529-4615 today for a free consultation.