Also known as: material changes in circumstances · changed circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A significant development arising after execution of a premarital or marital agreement or entry of a maintenance or support decree that is substantial and continuing. The development renders enforcement of a particular term unconscionable or produces substantial hardship for a party.
Mohan Malhotra and Miranda Morales signed a premarital agreement waiving spousal support. Ten years later Miranda developed a rare autoimmune disease that left her unable to work while Mohan's royalty income surged. In the divorce the court refuses to enforce the waiver because the post-signing illness and income disparity create substantial hardship.
Monica Morgan obtained a support decree based on her then-modest farm income. After a severe drought she inherited additional land and began receiving sizable federal subsidies that increased her resources. She petitions for downward modification, asserting that the new income stream constitutes a material change in circumstances rendering the original terms unconscionable.
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Maya Malik signed a premarital agreement waiving support while healthy and employed. Years later a chronic back condition from nursing left her unable to work and facing poverty if the waiver is enforced. The court declines to enforce the waiver because the post-agreement medical change produces substantial hardship.
Mina Mehta obtained a grandparent visitation order when the parents' relationship was stable. After the parents' acrimony grew and the child entered school the grandparents seek modification. The court requires a showing of material change in circumstances before altering the order.
Ming Ma operated a clinic under a regulatory decree imposing certain operational requirements. After a statewide health emergency altered patient volumes and supply costs she moves to modify the decree. The court examines whether the emergency constitutes a material change in circumstances making continued enforcement unconscionable.
Momentum Capital held a support decree calculated from seasonal farm revenue. After receiving unexpected federal subsidies and selling a partnership interest the obligor petitions for reduction. The court assesses whether the new income sources amount to a material change in circumstances sufficient to render the original award unconscionable.
Unconscionability is assessed at execution. A material change in circumstances arises afterward and can independently justify refusing enforcement of a term even if the agreement was valid when signed.
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The party must demonstrate changed circumstances so substantial and continuing that the original terms have become unconscionable. Mere fluctuations in income or ordinary market risks usually do not suffice.
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Yes. The statute permits a court to decline enforcement of a specific term that would cause substantial hardship because of a material change in circumstances while leaving the remainder of the agreement intact.
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Not necessarily. The increase must be substantial and continuing and must render enforcement of the existing order unconscionable when viewed against the parties' overall financial positions and the child's needs.
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…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…