After the Divorce

Written by divorce and family lawyers with the Crone & Mason, plc Family Law Practice Group, our attorneys provide details of Tennessee divorce and other family law issues including answers to many frequently asked questions. Offices serving Nashville and Memphis Tennessee and surrounding area. Copyright, Crone & Mason, plc, 2007.

Realistically, running two households costs more than running just one. Couples rarely do financial planning for divorce. Be smart. Do your homework. Do not buy expensive luxury cars. Save cash. Money represents the freedom to make choices.

After the divorce, if you and your ex-spouse agree to change any term of an order or agreement, it will need to be written, formalized, and entered as a new order with the court to be effective. For example, if one spouse agrees that alimony no longer has to be paid, the alimony will still be due unless an order is entered with the court.

If only you want to change some term of the divorce, check with your lawyer. Some things can be changed. If you get laid off, some courts will allow a temporary reduction in child support. Some forms of alimony are modifiable. As a child gets older, changes in the parenting plan may make sense. The law changes as well. Your relationship with your lawyer should not end with the divorce. You should feel comfortable enough to call and ask questions.

Pre-nuptial agreements can be valid in Tennessee. If you entered into such an agreement, be sure to tell your lawyer. If you are interested in obtaining a pre-nuptial agreement before your next marriage, plan ahead. For important legal reasons, do not wait until the last minute.

Tax time means checking child support amount. Child support is based on gross income. For most, calculating child support is a simple process of looking at all of the W-2's and adding them up. But it can get more complicated. Income for purposes of child support can include such items as interest income, bonuses, and capital gains. There are only a few ways, however, to reduce the gross income before calculating child support. These items are almost always reflected on tax returns. That is why it is important for the attorney reviewing a child support obligation to look at the entire tax return.

The process to modify child support obligation can be very simple. The attorney for the obligee can review the return, recalculate child support, and draft a Consent Order if the amount is agreed upon. If the matter is not agreed upon, the matter must be brought before the court by a Petition to Modify Child Support. The court will not have the authority to modify the support, however, if the amount of the obligation has not varied significantly.

Many M.D.A.'s provide for the obligor's mandatory voluntary delivery of the income tax return. Everyone who has this provision should take full advantage of it. If you do not have this clause, you can still make the request. If you are the obligee and you feel comfortable asking for a copy of the return, do so. If you are the obligor, call your lawyer if you have any questions about this process. If you are the obligee and do not feel comfortable making this request, your lawyer can request a copy of the return from the obligor in writing, possibly without charge. Also possibly without charge, your lawyer can review the child support calculation.

Finally, if your spouse was a loser before the divorce, your spouse will likely be a loser after the divorce. If something is not right, check in with your lawyer. Failing to pay a credit card debt can be addressed in a post-divorce petition. Failing to pay child support sometimes can be corrected with a letter threatening to file a petition for contempt. Courts look unfavorably upon denial of visitation even when child support is not being paid and, in most circumstances, will order that visitation be restored immediately. The court will not care, however, if a non-primary residential parent forgets to send a birthday present or acts ugly at a family event. The most important thing to remember is not to wait. Waiting sometimes can make the problem even worse. Call and ask your attorney

Memphis - 901.683.1850       Nashville - 615.369.0640

Crone & Mason plc Attorneys at Law
Memphis Divorce Lawyer: 5100 Poplar Avenue | Suite 3200 | Memphis, Tennessee TN (USA) 38137 | Tel: (901) 683-1850 | Fax: (901) 683-1963
Nashville Divorce Lawyer: 205 Powell Place | Brentwood, Tennessee TN (USA) 37027 | Tel: (615) 369-0640 | Fax: (615) 369-0639
Email: firm@cronemason.com

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