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Your relationship with your former spouse usually does not end with divorce. Issues surrounding alimony, child support, custody, and parenting time often extend the spouses’ emotional and financial relationship. Sometimes, the same issues that led to the divorce interfere with the couple’s ability to manage their relationship post-divorce.
A Red Bank post-divorce disputes lawyer helps couples who are having problems implementing the orders a court issued with the divorce decree. Whether you wish to change one of the orders or enforce the one you have, an experienced divorce attorney could help you meet your objectives.
If a spouse feels an arrangement has become unworkable or unfair, they could petition the court to modify the agreement. Courts could modify arrangements regarding alimony, child support, and parenting time. However, the spouse must present evidence that a substantial change in circumstances makes the change necessary.
Tennessee Code §36-5-101 allows spouses unhappy with the amount of child support or alimony they pay or receive to petition a court to modify the arrangement. A court might consider a modification if the requesting spouse could show that a:
Other life changes also might merit a post-divorce modification of a court order. A knowledgeable Red Bank post-divorce disputes attorney could explain whether a specific situation is likely to be a qualifying change under the law.
When a spouse seeks to modify or terminate alimony because the former spouse has begun living with a new partner, there is a presumption that the spouse no longer requires alimony. However, the receiving spouse could continue to receive alimony per the original agreement if they can prove they still need it.
If a parent seeks to modify a custody or visitation arrangement over the other parent’s objection, the parent must show the change is in the children’s best interests. These cases often involve a parent wishing to relocate and bring the children to the new location. In other cases, a parent feels the other parent is not providing a safe or wholesome environment and might wish to restrict the parent’s access to the children.
The parent seeking the modification must produce evidence that supports their claims and demonstrate the change will support the children’s best interests. A judge will evaluate factors such as the children’s ages, relationships with each parent, ties to siblings and extended family, educational needs, and other relevant factors when deciding whether a change is appropriate.
Sometimes a former spouse defies an order without a reasonable excuse. In such cases, the other spouse could bring a court motion seeking to enforce the order.
When the issue is financial, such as not paying alimony or child support, a court has multiple options to force the delinquent spouse to pay. These include:
If the issue is enforcing a custody and visitation order, the requesting parent must prove the request serves the children’s best interests. A skilled post-divorce disputes lawyer in Red Bank could help a parent demonstrate that their position best supports their children.
Change is a constant in life, but sometimes the lives of former spouses change in different ways. An agreement that was once workable may not make sense any longer, or one spouse might not comply with an existing agreement.
If this describes you, consult with a Red Bank post-divorce disputes lawyer as soon as possible. They could explain the legal options available and help you plan a strategy to accomplish your goals. Call today to schedule an appointment with a capable legal professional.