The terms set when you and your spouse got divorced are required to be upheld by the law, however, circumstances rarely remain the same as time goes on. When certain life circumstances do change, there may be facets of your divorce agreement that require modification. Our Tennessee family law team outlines what you can do to make necessary changes to your divorce agreement.
Why Someone Would Make Modifications
Some of the most common reasons for making changes to a divorce agreement are related to child support and child custody. If the party making support payments experienced a change in income, either an increase or decrease, it may constitute a change in the payment plan. The state of Tennessee requires a change of 15% to the overall calculation of child support or more in order to warrant a modification of the original agreement.
In cases of child custody, if the custodial parent wishes to move out of state, the divorce agreement may also be subject to change. Although the custodial parent may want to do so for career advancement or a new relationship, for instance, the non-custodial parent may still wish to maintain their relationship with their child.
Another reason to change a divorce agreement is if one party is discovered to have hidden assets during the divorce process, whether intentional or not. If this occurs, the opposite party has the opportunity to re-open the divorce by filing a post-judgment motion.
Alimony payments may also be changed post-divorce. There are four main types of alimony in the state of Tennessee:
- Alimony in futuro - payments that last until death or remarriage, or a handful of other circumstances. This can only be changed if one spouse undergoes a material change in circumstances.
- Rehabilitative alimony -– reasons for rehabilitative alimony may include allowing a spouse to get a degree or learn a new skill. Rehabilitative alimony is subject to modification.
- Transitional alimony - helps a spouse transition to a new way of living in a post-divorce life. The type of alimony is generally considered non-modifiable unless the person paying alimony dies, the person receiving alimony remarries, or if the original divorce decree specified that it could be modified under other circumstances.
- Alimony in solido – a lump sum payment of alimony that may be paid overtime.
Contact our Franklin Family Law Team Today
Going through a divorce can be difficult enough on its own, and wishing to make modifications to your original agreement can be even more challenging, but we are here to help guide you through every step of the process.