Also known as: substantial changes of circumstances · substantially changed circumstances · substantial change in circumstances · material change in circumstances
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A post-decree development that is material and affects a child's welfare or a party's economic position. Courts require this showing before modifying custody, visitation, or support orders to promote finality and minimize disruption to children.
A post-decree development that is material and affects a child's welfare or a party's economic position. Courts require this showing before modifying custody, visitation, or support orders to promote finality and minimize disruption to children.
Wes received primary custody of the children under the original decree. After the decree Rexayne began living with a new partner in the marital home. The court treats the new cohabitation arrangement as a substantial change of circumstances that warrants reexamining whether continued custody with Rexayne remains in the children's best interests.
A later development that renders enforcement of a premarital or marital agreement term substantially harmful to a party. The change must arise after execution and must satisfy the statutory finding of substantial hardship.
Maya signed a premarital agreement waiving spousal support while healthy and employed. Years later she developed a disabling autoimmune disease that left her with minimal earnings while her husband's royalty income grew far beyond expectations at signing. The court may refuse to enforce the support waiver because the post-agreement changes produce substantial hardship.
A later development that justifies removing a trustee. The change must arise after execution and must satisfy additional statutory findings such as best interests of beneficiaries, consistency with a material purpose of the trust, and availability of a successor.
After the settlor's death the sole trustee's adult children, who are the only qualified beneficiaries, petition for removal. The trustee's relocation to another state and resulting inability to oversee local real-estate holdings constitute a substantial change of circumstances. The court may remove the trustee if the change serves all beneficiaries' interests, does not contradict a material purpose of the trust, and a suitable successor is available.
A later development that renders enforcement of a premarital or marital agreement term substantially harmful to a party. The change must arise after execution and must satisfy the statutory finding of substantial hardship.
A later development that justifies removing a trustee. The change must arise after execution and must satisfy additional statutory findings such as best interests of beneficiaries, consistency with a material purpose of the trust, and availability of a successor.
Each sense below has its own examples, sources, and questions.
The moving party must show a material or substantial change of circumstances that has occurred since the original decree and that affects the child's welfare. Courts impose this higher standard to protect finality and avoid repeated litigation that disrupts children's lives.
Remarriage alone is not automatically sufficient. Courts examine whether the new living arrangement or household circumstances materially affect the child's welfare or best interests.
In custody cases the change must affect the child's welfare and justify altering the decree. In premarital agreements the change must produce substantial hardship to a party if the term is enforced. The court may refuse enforcement of that term without invalidating the entire agreement.
No. The court must also find that removal best serves all beneficiaries' interests, is not inconsistent with a material purpose of the trust, and that a suitable successor or cotrustee is available.
…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,…