Divorce Modification Attorney in Franklin
More Than Three Decades of Family Law Experience for Modification and Enforcement
A Tennessee parent may seek to modify an existing child custody or child support order when circumstances have substantially changed.
I focus my practice exclusively on family law and bring more than three decades of experience to modification and enforcement matters. I serve clients in Franklin and Williamson County who need to request a change, respond to another party’s request, or address noncompliance with an existing order.
Modification and enforcement involve different legal remedies. A modification asks the court to enter a new order, while enforcement asks the court or an administrative agency to require compliance with the current order.
Request a consultation with my family law practice to discuss your options, or call me at (615) 235-5620.
Grounds for Modifying Tennessee Custody or Support Orders
Under Tennessee law, a parent may ask the court to modify an existing child custody or child support order if circumstances have materially changed since the order was entered. The precise requirements vary based on whether the request concerns a parenting plan, child support, or another family court order.
Parenting Plan & Child Custody Modifications
Child custody modifications may be requested when there has been a material change in circumstances, meaning a meaningful change affecting the existing parenting arrangement. Examples may include changes in the children’s living arrangements, relocation, a parent’s work schedule, serious health concerns, or evolving medical and educational needs.
After determining whether a material change has occurred, the court considers the best interests of the child. The facts must therefore support both the reason for changing the parenting plan and the proposed arrangement.
Child Support Modifications
Child support modifications may be requested if a parent’s income or the children’s needs have changed since the order was entered. Tennessee applies its Child Support Guidelines when calculating support, and the required showing can depend on the type of review and the circumstances of the case.
For an income-shares adjustment, the Tennessee Department of Human Services generally identifies a significant variance as at least a 15% difference between the current obligation and the proposed amount. That threshold isn’t a universal rule for every modification. For example, if a child needs braces and the parent’s dental plan no longer covers the child, the parent may ask the court to modify the child support order to address dental coverage.
Some spousal support or alimony orders may be eligible for modification after retirement, income changes, health developments, or other significant circumstances. Property division requires separate analysis because a completed division of marital property generally isn’t treated like a modifiable custody or support order.
Enforcing Parenting Plans, Support & Alimony Orders
Enforcement may be necessary when a former spouse or co-parent doesn’t follow a written court order. The appropriate response depends on the provision at issue, the available evidence, and whether the matter belongs before the court or the Tennessee Department of Human Services.
Common enforcement concerns include:
- Missed child support payments or unpaid arrears.
- Denied parenting time or repeated schedule violations.
- Failure to comply with parenting plan requirements.
- Nonpayment of court-ordered spousal support.
- Other alleged violations of a family court order.
A contempt or enforcement proceeding generally requires identification of the specific provision that wasn’t followed and evidence of the alleged noncompliance. Payment records, written communications, calendars, and copies of the current order may be relevant, depending on the dispute.
Modification & Enforcement Cases in Williamson County
The correct filing route can depend on the court that entered the existing order, the parties’ marital status, and the relief requested. Williamson County’s court system includes Chancery and Circuit Courts. Williamson County Juvenile Court handles custody, visitation, and child support disputes involving unmarried parents.
When I evaluate a matter, I listen to the client’s concerns, review the current order, identify the alleged change or violation, and assess the available records. I then tailor my representation to the circumstances, including whether negotiation, mediation, administrative review, or court action may be appropriate.
Informal arrangements don’t necessarily change the written court order. If parents agree to a different schedule or payment amount, the existing order may remain enforceable until the change is formally approved.
Discuss Your Existing Family Court Order
As a divorce modification lawyer serving Franklin and Williamson County, I provide individualized guidance informed by more than three decades of family law experience. I can help you evaluate changed circumstances, respond to a requested modification, or determine how to address an alleged violation.
Call MC Davis Law at (615) 235-5620, or fill out our online form to schedule a consultation about your modification or enforcement matter.
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MC Davis"MC Davis is a native Texan who fell in love with historic Franklin and decided to relocate after raising her two amazing daughters. She is a graduate of Baylor University with a Bachelor of Science in Education. MC received her law degree from St. Mary’s University School of Law and began her legal career as an assistant district attorney in San Antonio, Texas."
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