When you draw up your parenting plan, you base it on your current circumstances and the circumstances of your now ex-husband or wife. But sometimes things happen, and the parenting plan which worked for you at the time is no longer feasible. You may need to modify your parenting plan in order to keep providing (emotionally and/or financially) for your children. But saying you need to change something isn’t enough; in Tennessee, you need to go back to court and make any changes to your divorce decree or parenting plan official.
When can a plan be modified?
You can ask a judge to modify your parenting plan when there has been a material change in circumstances that warrant a modification in your child’s best interest. In other words, for example, if your hours at work change so you’re no longer available on Wednesdays, but now have Tuesdays off, you can request that the parenting plan change to reflect which day you’re actually with the children.
Sometimes parents make these changes between themselves without changing the plan: this is, categorically, a bad idea. Judges are usually sympathetic to changes in days of visitation when the reasons behind them are valid (a new job with different hours, a problem with transportation, etc.). But if you and your ex decide to change things without going through the courts, and then there is a problem later, you could be held accountable for not following the plan.
What to do if you need to change your child support payments
The courts are very, very strict when it comes to modifying a child support order. When your order was established has much to do with how a modification is determined (you can read through the guidelines for a more in-depth explanation), but in short, you must be able to prove:
- You (or your former spouse) has at least a 15% income change since the time of the order that is not caused by voluntary underemployment or voluntary unemployment
- You (or your former spouse) now has additional children to care for
- Your child has become disabled in some way
Regardless of how amicable you and your ex are when it comes to support payments or parenting plans, it is crucial that you follow the proper channels if you need a modification. Failure to pay child support could land you in jail, even if you have a perfectly valid reason (like losing your job, or mounting medical bills from an unexpected illness or injury).
If you need some help with your parenting plan or your child support order, we can help. We’ve handled a lot of modifications, and we know how to present your case to a Tennessee court. Come by to see us, and we’ll discuss your options with you.
