Also known as: substantial changes in circumstances · substantial change of circumstances · material change in circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A material alteration in relevant facts or conditions arising after a prior judicial decree or agreement that justifies modification of the decree or refusal to enforce a term.
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Selena Singh and Sean Steele signed a premarital agreement waiving spousal support. Five years after marriage Selena lost her job and developed a chronic illness that prevented her from working. She petitioned the court to refuse enforcement of the waiver. The court found that enforcement would cause substantial hardship because of a material change in circumstances arising after the agreement was signed and declined to enforce the term.
Santiago Sanchez created a trust naming Sterling Manufacturing as trustee. After the company repeatedly failed to make required distributions and incurred regulatory sanctions, the qualified beneficiaries petitioned for removal. The court determined that a substantial change of circumstances had occurred and that removal best served the beneficiaries' interests, so it replaced the trustee with a suitable successor.
After the divorce decree awarded primary custody of their child to Sylvia Santos, Santiago Sanchez learned that Sylvia had begun leaving the child with rotating caregivers during unpredictable work shifts. The child's grades declined and the child became withdrawn. Santiago petitioned to modify custody. The court found a substantial change in circumstances affecting the child and granted the modification because it served the child's best interest.
A parent must show a material change in the circumstances of the child or custodian arising after the decree or previously unknown to the court, plus that modification is necessary to serve the child's best interest. The default is to retain the prior custodian unless both elements are met.
No. The new fact must amount to a material change that harms the child or creates concrete risk. Speculative danger without evidence of actual or likely harm to the child does not satisfy the standard.
…a relatively minor difference in educational background between parents, known at the time of the divorce decree, constitutes a material change in circumstances warranting a change of custody. As to her lifestyle and Kellie Tabora’s residence, Rexayne Taylor argues that the circuit court made no finding of actual inappropriate behavior. Instead,…
…after entry of the decree, Shane filed a motion in the trial court to reduce his child support obligation because of an alleged material change in circumstances
…and then only for the welfare of the child). The party seeking modification of the custody order has the burden of showing a material change in circumstances
A court may refuse enforcement if, viewing the agreement as a whole, enforcement would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed.
In addition to a substantial change of circumstances, the court must find that removal best serves the interests of all beneficiaries, is not inconsistent with a material purpose of the trust, and that a suitable successor trustee is available.
The test requires a change that is both substantial and continuing so that modification is justified, while preventing constant relitigation of settled orders. Courts therefore focus on post-decree facts that were unknown or unforeseen at the time of the original award.