We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Change of Circumstance: What It Means for Legal Modifications
Definition & Meaning
A change of circumstance refers to a significant alteration in the conditions that existed when a child support order was issued. This term is important in family law, particularly when parents seek to modify existing child support agreements. Such modifications are governed by state laws, which can differ significantly. Courts will evaluate not just whether a change has occurred, but also if that change is substantial enough to justify a modification of the child support award.
Table of content
Legal Use & context
The term "change of circumstance" is primarily used in family law, particularly in cases involving child support. It is relevant when one parent requests a modification to the child support order based on new information or changes in their situation. Users can often manage these requests through legal forms provided by platforms like US Legal Forms, which offer templates drafted by attorneys to assist in the modification process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A parent who loses their job may seek a reduction in child support payments due to their decreased income. This change in circumstance must be documented and presented to the court.
Example 2: A child turning eighteen and becoming emancipated may lead to a request for termination of child support payments (hypothetical example).
State-by-state differences
State
Modification Criteria
California
Requires a 20% change in income or $100 change in support amount.
Texas
Modification can be requested if there is a material change in circumstances.
New York
Changes must be significant and not self-imposed.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Modification
A legal change to an existing court order.
Material Change
A significant change in circumstances that justifies a legal modification.
Emancipation
When a child becomes legally independent, affecting child support obligations.
Common misunderstandings
What to do if this term applies to you
If you believe a change of circumstance applies to your child support situation, consider the following steps:
Document any changes in your financial situation or the child's needs.
Consult with a legal professional to understand your options.
Explore US Legal Forms for templates that can help you file for a modification.
If the situation is complex, seeking legal representation may be beneficial.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.