so substantial and continuing as to make the terms unconscionable
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Also known as:unconscionability standard · substantial continuing change
Written by attorneys · grounded in primary & secondary sources — see below
A statutory standard governing modification of maintenance or support awards in divorce decrees. The standard requires a showing that circumstances have changed so substantially and continuously since the decree that enforcing the original terms would be unconscionable. Modification applies only to installments accruing after the motion is filed.
Sources & Authorities
How it applies
Common Examples
2
Permanent Income Loss After License Revocation
Christina lost her commercial driver's license due to a permanent medical condition and could no longer earn overtime or per-mile pay as a truck driver. She took a warehouse job paying less than half her prior income and moved to modify the maintenance and child-support provisions of her divorce decree. The court found the income drop substantial because it halved her ability to pay, continuing because the license revocation was medically permanent, and unconscionable because enforcing the original amounts would impose undue hardship.
Promotion With Annual Contract Renewal
Liam's promotion to principal oboist more than doubled his annual earnings, and Sebastian moved to increase maintenance. The court examined whether the increase was continuing given that the principal contract was subject to annual renewal and symphony funding depended on uncertain grants and ticket sales. Because those factors introduced substantial uncertainty about long-term stability, the court concluded the change did not meet the continuing requirement and denied modification.
Put it into practice
Test Yourself
5
Practice Questions1
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Course Outlines
In re Marriage of Bisque31 P.3d 175
Common questions
Frequently Asked
4
What must a party show to modify maintenance or support under this standard?+
A party must demonstrate changed circumstances that are substantial, continuing, and render the original terms unconscionable. The change must be more than minor or temporary and must make enforcement of the decree grossly unfair under current realities.
Supporting sources
Does a significant income increase alone justify modification?+
No. The increase must also be continuing, meaning it is likely to persist rather than fluctuate due to annual renewals or uncertain funding. Courts weigh evidence of contract terms and industry volatility to determine whether the change meets the continuing element.
Supporting sources
Can modification reach installments that accrued before the motion was filed?+
No. Modification is strictly prospective and applies only to installments accruing after the motion. This rule protects reliance on past payments and prevents retroactive disruption of settled obligations.
Supporting sources
How does the standard interact with child-support termination rules?+
The standard governs modification of ongoing support amounts. Separate provisions terminate child support upon emancipation but do not bar modification of the amount before emancipation when circumstances satisfy the substantial-and-continuing test.
Supporting sources
Family LawSeparation, divorce, dissolution, and annulment · Separation agreementsUBEIntermediate