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Simple English definitions for legal terms
change of circumstances
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A quick definition of change of circumstances:
A change of circumstances means that something important has happened that makes it necessary to change a previous decision about child support, spousal support, or custody. This change must be big and unexpected, and it must affect the financial needs of the person receiving support or the financial abilities of the person paying support. When it comes to custody, the change can be about anything that affects what is best for the child. In California, a new custody arrangement will only be made if it is better for the child than the previous one.
A more thorough explanation:
A change of circumstances refers to a situation where a party wants to modify a previous child support, spousal support, or custody order. This change must be significant and due to facts that were not known or expected when the previous order was issued.
For example, if a parent loses their job or has a significant decrease in income, they may request a modification of child support payments. In Pennsylvania, a support order can be increased or decreased if there is a material and substantial change in a party's income.
When modifying custody orders, courts may consider non-financial circumstances that affect the child's best interests. For instance, if a parent has a history of substance abuse or domestic violence, the court may modify the custody order to protect the child's safety and well-being.
California specifies that final custody orders will only be modified when there has been a change in circumstances such that a new arrangement is best for the child. For example, if a parent moves to a different state, the court may modify the custody order to ensure that the child's needs are met.