Also known as: substantial change of circumstances · material change of circumstances · substantial material change in circumstances · changed circumstances · material change in circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A significant alteration in the facts or conditions existing at the time of an agreement or decree that justifies judicial modification or non-enforcement of its terms.
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Seth Shapiro and Sylvia Santos signed a premarital agreement waiving spousal support. After the marriage, Sylvia lost her job and developed a chronic illness that required expensive ongoing care. She petitions the court to refuse enforcement of the waiver. The court examines whether the enforcement would impose substantial hardship because of the material change arising after the agreement was signed.
Solomon Silver was ordered to pay maintenance to Samuel Soto after their divorce. Solomon later suffered a permanent disability that eliminated his earning capacity while Samuel obtained a high-paying position. Solomon moves to modify the award. The court considers whether the change is so substantial and continuing that the original terms have become unconscionable.
Santiago Sanchez serves as trustee of a family trust. After several years the trust assets have declined sharply because of market shifts and Sanchez has relocated far from the beneficiaries. The qualified beneficiaries petition for removal. The court evaluates whether a substantial change of circumstances exists that makes removal in the best interests of the beneficiaries and consistent with the trust purposes.
A state enacts a spousal-notification requirement for abortions. After the statute takes effect, evidence shows that many women face increased risks of domestic violence when notification is required. Challengers argue the requirement imposes an undue burden. The court assesses whether the factual understanding underlying the earlier legal framework has been altered by the new evidence of harm.
A state statute permits any third party to seek visitation whenever it serves the child's best interest. After the statute is applied, a parent demonstrates that the order overrides her reasonable decision about her child's associations. The parent challenges the statute as violating her fundamental rights. The court examines whether the application reflects an improper substitution of judicial judgment for parental authority in light of the family circumstances.
Steven Silva and Santiago Sanchez obtained a divorce decree dividing their marital assets. Years later Steven discovers that Santiago concealed substantial investment accounts at the time of the decree. Steven seeks to reopen the property division. The court determines whether the newly discovered facts constitute a substantial and material change that justifies revisiting the earlier judgment.
The moving party must demonstrate changed circumstances so substantial and continuing as to render the original terms unconscionable. The change must affect installments accruing after the motion is filed. Property divisions are generally not modifiable absent grounds to reopen the judgment.
Supporting sources
…principle to facts as they had not been seen by the Court before. In constitutional adjudication as elsewhere in life, changed circumstances may impose new obligations, and the thoughtful part of the Nation could accept each decision to overrule a prior case as a response to the Court's constitutional duty. Because the cases…
…allow[s] any person, at any time, to petition for visitation without regard to relationship to the child, without regard to changed circumstances, and without regard to harm"); id. , at 20, 969 P. 2d, at 30 ("[The statute] allow[s] any person' to petition for forced visitation of a child at any time' with the only requirement…
…to possession of the children. It does not open the door for the modification of any prior award of custody on a showing of changed circumstances. Nor is it available as a procedure for settling the future custody of children in the first instance. “It is well settled that habeas corpus is not the proper or appropriate action to…
…up to ten years after it was first extracted, long after the original decision to preserve the semen has passed and when such
…provision. The wife sought to enforce this particular form four years after it was signed by the husband in significantly changed circumstances
A court may refuse enforcement if the term would cause substantial hardship to a party because of a material change in circumstances arising after the agreement was signed. The determination is made in the context of the agreement as a whole and decided as a matter of law.
Supporting sources
Removal is permitted when a substantial change of circumstances has occurred, removal serves the interests of all beneficiaries, removal is not inconsistent with a material purpose of the trust, and a suitable successor is available. The court may also act when all qualified beneficiaries request removal under the same standards.
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No. A change of circumstances does not revoke a will or any part of it except as provided in specific statutes addressing divorce or homicide. The testator must still comply with formal revocation methods.
Courts may modify or terminate a covenant requiring payment for services when the obligation has become excessive relative to the cost of providing the services or the value received by the burdened estate, taking account of the provider's reasonable reliance.
Supporting sources