Post-Divorce Matters in Tennessee

Nashville Post-Divorce Modification & Enforcement Lawyers

A divorce decree is not always the end of the story. Life changes—jobs shift, children grow older, people move, and sometimes former spouses stop following the court’s orders. When that happens, you may need to modify or enforce your existing divorce orders through new court action.

Freeman & Fuson devotes a large part of its family law practice to post-divorce litigation in Middle Tennessee. We handle cases involving the enforcement or modification of Final Decrees of Divorce, Marital Dissolution Agreements (MDAs), and Permanent Parenting Plans. We help clients understand their rights under Tennessee law, gather the documents that matter, and develop a focused plan to either change or enforce their existing orders.

Practice Areas 

What Are Post-Divorce Matters?

Post-divorce matters are cases that arise after the divorce is finalized. They are usually initiated by filing a Petition in the same or an appropriate court and often involve:

• Modification of child custody or parenting time (Permanent Parenting Plans)
• Modification of child support or alimony
• Enforcement of the Final Decree of Divorce
• Enforcement of a Marital Dissolution Agreement (MDA)
• Enforcement of a Permanent Parenting Plan
• Contempt actions for failure to comply with court orders
  

These matters are governed by various Tennessee statutes, including T.C.A. § 36-6-101 (custody and parenting plan modifications), T.C.A. Title 36, Chapter 5 (support), and the court’s contempt powers under T.C.A. § 29-9-102 and related rules.

Modification: Substantial, Material & Unforeseeable Change in Circumstances

Tennessee law does not allow modification of court orders just because someone later regrets the agreement or doesn’t like how things turned out. For most modifications, the moving party must show a substantial and material change in circumstances—and, in many instances, that the change was unforeseeable when the original order or agreement was entered.

Custody & Parenting Plan Modifications

1. A Threshold Showing of Change
   Under T.C.A. § 36-6-101, the parent seeking modification has the burden to show a material change in circumstances since the prior order. Examples can include:
2. Significant changes in a parent’s work schedule or availability
3. Relocation or major moves
4. Ongoing interference with parenting time
5. Substantial changes in the child’s needs, schooling, or health
6. New safety concerns, substance abuse, or criminal issues
7. Best Interest of the Child
   Only after the court finds a substantial and material change will it consider whether the requested modification is in the best interest of the child, using factors similar to those in T.C.A. § 36-6-106 (such as stability, parental involvement, and the child’s well-being).

In many cases, courts also consider whether the change was reasonably foreseeable at the time the prior order was entered. If it was, the court may be less inclined to modify.

Hiring a knowledgeable lawyer who understands how to develop and present these arguments is crucial. Freeman & Fuson has successfully pursued and defended modification cases involving both custody and parenting schedules.

Modifying Child Support or Alimony

Post-divorce, financial circumstances change. Under Tennessee law, child support and sometimes alimony can be modified when:

• There has been a significant variance in income or child-related expenses under the Child Support Guidelines
• One party’s income has substantially increased or decreased
• A paying party becomes disabled or unemployed (without bad faith)
• Major changes occur in the child’s needs (medical, educational, or otherwise)

Child support modifications are often governed by T.C.A. § 36-5-101 et seq. and the Tennessee Child Support Guidelines. Alimony modifications depend on the type of alimony awarded and the terms in the original order or MDA.

We assist clients in:

• Evaluating whether the legal standard for modification is met
• Reviewing tax returns, pay stubs, and financial records
• Filing and defending petitions to increase, decrease, or terminate support

Enforcement: Making Court Orders Mean Something

Once a court enters an order—or an agreement is incorporated into a court order—it becomes legally enforceable. If the other party doesn’t comply, you can ask the court to make them comply.

Common enforcement issues include:

• Failure to pay child support or alimony
• Failure to follow parenting time schedules
• Refusal to transfer property or refinance debt as ordered
• Interference with visitation or communication with the children
• Failure to comply with specific obligations in the MDA
  

Contempt of Court

When a person willfully disobeys a court order, the court can use its contempt powers under T.C.A. § 29-9-102 and related rules to enforce compliance. Remedies may include:

• Fines
• Attorney’s fees
• Jail time in serious or repeated cases
• Orders compelling performance (for example, signing documents, paying support, or facilitating parenting time)

Freeman & Fuson has years of experience handling enforcement cases. We know how to:

• Analyze the existing Final Decree, MDA, or Parenting Plan
• Determine whether a violation is clear and enforceable
• File enforcement or contempt petitions
• Present evidence of noncompliance to the court
• Seek appropriate sanctions and remedies

Strategy & Preparation in Post-Divorce Cases

In both modification and enforcement cases, our approach typically includes:

Whether you are seeking a change or defending against one, we work to put you in the strongest position possible.