A change in circumstances can cause a court to reevaluate decisions about alimony, child custody, or support. It can be good or bad and impact someone’s life. It can include changes in income, moving, or remarrying. The welfare of the child is the primary concern in custody arrangements, and convincing evidence is needed to change support or custody arrangements. Alimony can also be adjusted due to changes in circumstances.
A change in circumstances is something that causes a court to reevaluate a decision made about alimony, child custody, or child support. It can also be a situation that causes a government agency to reconsider an award of benefits, such as a disability check. The change in circumstances can be good or bad, but it is significant enough to impact someone’s life. For example, if a person receiving disability benefits inherits a large amount of money, it is a change in circumstances that would cause their disability benefits to be reduced.
People often use this term in reference to situations where people go to court to request changes to a child custody or alimony agreement. Changes in circumstances can include things like changes in income, moving to a different area, or remarrying. Getting ill or disabled, being involved in a legal case involving abuse or harassment, or not caring for a child’s welfare could also be considered a change of circumstances.
In the case of child custody arrangements, the primary concern is the welfare of the child. If a change in circumstances would negatively impact a child’s well-being, it needs to be evaluated to determine whether child support and custody arrangements need to change. Sometimes, both sides would like a change; for example, if one parent is moving and both parents agree that the child should stay with the non-moving parent, that is a change of circumstances. Parents can explain the situation and ask to change the agreement.
In other cases, only one parent wants a change. A parent receiving child support might ask for higher payments when the paying parent gets a better job, for example, arguing that changing circumstances should result in higher child support payments. In these situations, a parent who wants to change the terms of custody or support arrangements must provide convincing evidence for the court.
Alimony can also be adjusted to account for a change in circumstances. Generally, remarrying causes alimony to run out automatically, unless prior arrangements have been made. While alimony payments are still required, people can also apply for reductions or increases. This could be done when someone paying alimony loses their job or is unable to work, or when the person obligated to pay alimony starts earning more. Information documenting the change in circumstances is brought to the court for a judge to review, and the judge decides whether or not alimony should be adjusted, given the information available.
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