Also known as: changed circumstances doctrine · change in circumstances doctrine · changed circumstances · substantial change in circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A legal principle permitting modification of a court order or decree when subsequent events render its original terms unfair or impossible to fulfill. The doctrine requires a showing that the change is substantial and continuing rather than temporary or minor. Modification is limited to future obligations and does not reopen finalized property divisions.
After a divorce decree required Judy to pay monthly child support calculated from her farm income, a severe drought caused her to sell her partnership interest and relocate. She later inherited land and began receiving federal subsidies that altered her financial position. Judy petitioned for a downward adjustment, arguing the original terms had become unconscionable under the changed circumstances doctrine.
After a district court issued a preliminary injunction in a securities dispute, new factual developments arose that altered the equities between the parties. The defendant moved to modify the injunction rather than seek reconsideration of the original ruling. The court evaluated whether the motion properly invoked the change of circumstances doctrine to address post-order inequities.
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The party must demonstrate changed circumstances that are so substantial and continuing as to render the original terms unconscionable. The modification applies only to installments accruing after the motion is filed.
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No. Property disposition provisions may not be revoked or modified unless the court finds conditions that justify reopening the judgment under state law.
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A motion based on the doctrine addresses inequities arising after the original order due to new circumstances. A reconsideration motion seeks to relitigate the issues underlying the initial ruling and is subject to stricter time limits.
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