Post Divorce Actions

Court Orders

Court Orders, whether agreed to by the parties or made by a court after a hearing, must be obeyed unless the Order is modified by a subsequent Court Order. We represent clients in both enforcement and modification proceedings.

Nashville divorce attorneys Hayes Thomas represents clients in enforcement and modification of divorce agreements. If you win an enforcement or modification action, the other party will have to pay your attorney fees in most cases.

Enforcement Actions

A Court Order must be obeyed by the parties. If a party fails to obey a Court Order, something must be done to force the person to comply with the Court Order. Sometimes it is necessary to file a Contempt Petition seeking to have the person incarcerated in jail unless and until they comply with the Court Order.

The following are some examples of provision which can be enforced through enforcement proceedings:

Not paying child support

  • Not allowing visitation
  • Not providing proof of life insurance when ordered to do so.
  • Not paying medical bills
  • Not paying school tuition
  • Not transferring retirement account assets to you.
  • Damaging property before turning it over to the other party

A typical approach in an enforcement proceeding would be first sending a letter requesting that a party comply with the Court Order. If the party still refuses to comply, a Petition for Contempt may be filed and if the party still refuses to comply, a hearing is typically scheduled and the Court determines whether the party refusing to comply should be jailed until they comply. Just the threat of incarceration in jail is often a powerful motivator that brings a party into compliance with a Court Order.

Modifications of Court Orders

The most common provisions of Court Orders that people seek to modify involve child support, child custody/visitation, and alimony, in all of which our attorneys have a tremendous amount of experience. In most circumstances, all that is required to file a modification proceeding is a showing that there has been a substantial and material change in the circumstances since the Order was entered by the Court. The change can be either to you or to the other party, and can include anything from losing a job, retiring, having other children, getting remarried, to hitting the lottery.

CONSULTATION. Our attorneys invite you to contact them to set up an initial consultation or to answer any questions you may have in the area of Matrimonial and Family Law.