Can I Enforce or Challenge a Court Order Related to Child Custody or Support?

You have recourse to the family courts of Tennessee to enforce or modify a parenting plan or child support order if the order is infeasible or if your ex-spouse is willfully disobeying it.

Drafting a parenting plan is often the most difficult part of divorce, even though most couples can finalize their parenting plans in mediation without the judge having to decide. Children’s schedules and expenses are a contentious issue even in families where both spouses are determined to stay together as a family unit for life. If you think it is unpleasant trying to decide which relatives get to be with your children on which day of Thanksgiving break this year, imagine writing it into a legally enforceable document, not just about this year, but about every Thanksgiving until your youngest child reaches adulthood. The child support order is simply a matter of the court plugging numbers from your parenting plan and financial disclosures into a mathematical formula. Unfortunately, getting a parenting plan and child support order in writing is just the beginning. A Murfreesboro family law attorney can help you resolve legal disputes arising from your existing parenting plan or child support order.

Parenting Plans and Child Support Orders Must Conform to Reality, Not the Other Way Around

Parenting plans are always modifiable, and every time a change to a parenting plan changes the distribution of parenting time allotted to each parent, the court must modify the child support order to reflect this. Unless you are miraculously immune to the unexpected, things will not play out exactly as you have described them in your parenting plan. If you divorce when your children are younger than school age, modifying your parenting plan is almost inevitable. It is a good idea to petition the court for a parenting plan modification instead of working things out informally with your ex; this leaves the door open to disputes over child support, such as “I was with the kids 26 days this month, but the child support you gave me is only enough for 20.”

What to Do if You or Your Ex Cannot Abide By the Court Order

If you need to modify your parenting plan, you should file a petition with the court to modify it. The court may order you and your ex to attend mediation to draft a new parenting plan; the judge will only set the new parenting plan if you and your ex cannot reach an agreement in mediation.  If your current parenting plan looks great on paper, but your ex-spouse is not following it, you may petition the court to enforce or modify the parenting plan. The court may hold your ex in contempt for not complying with the parenting plan; the contempt of court may include monetary fines or even jail time. The court might also unilaterally change the parenting plan if one or both spouses do not comply.

Murfreesboro Co-Parenting and Child Support Lawyer

A family law attorney can help you if your ex-spouse is unwilling or unable to follow your parenting plan. Contact David L. Scott in Murfreesboro, Tennessee, or call (615)896-7656 to set up a consultation.