Post-Judgment Modifications | Memphis TN | Jones Law Firm
Post-Judgment Modifications in Tennessee
Your divorce decree is a court order, not a life sentence. When circumstances change significantly after the divorce is final, Tennessee law allows you to return to court to modify orders governing child support, parenting time, custody, and in some cases alimony. Knowing when and how to file makes a difference.
Material Change of Circumstances
The threshold for modification is a material change of circumstances, meaning something significant that has occurred since the original order was entered and that was not contemplated at the time. Courts take this standard seriously. Minor inconveniences and normal life changes do not qualify. Significant income changes, geographic relocations, changes in the child’s needs, or a parent’s demonstrated unfitness are the types of changes that meet the standard.
Modifying Child Support
Tennessee requires a 15% variance between the current order and what the guidelines would produce today for the court to modify child support. The change can work in either direction. If your income has decreased substantially, you may qualify for a reduction; if the other parent’s income has increased substantially, you may qualify for an increase. Modifications are prospective only, running from the date of filing, not the date the change occurred. File promptly.
Modifying the Parenting Plan
Modifying custody or residential parenting time requires showing both a material change of circumstances and that modification serves the child’s best interest. The bar is intentionally high, because courts value stability for children and do not want the parenting plan relitigated every time parents disagree. Common successful modification grounds include one parent’s relocation, a significant change in the child’s school or medical needs, or documented parental alienation.
Relocation Cases
If the Primary Residential Parent wants to relocate outside a certain geographic radius with the minor children, Tennessee’s parental relocation statute (T.C.A. § 36-6-108) applies. The non-relocating parent must receive proper notice and has the right to object. We handle both sides: parents who need to move and parents who need to keep their children close.
Modifying Alimony
Rehabilitative, transitional, and alimony in futuro awards can be modified upon a showing of substantial and material change of circumstances. Alimony in solido cannot. If your former spouse has remarried or is cohabitating, periodic alimony may be subject to termination or reduction. Call us before you stop paying. The consequences of unilaterally stopping court-ordered alimony are serious. See also our Family Law page for related post-judgment matters.
William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.