Legal Definitions - material change in circumstances

A material change in circumstances refers to a significant and substantial alteration of facts or conditions that has occurred since a previous legal decision, order, or agreement was made. For a change to be considered "material," it must be important enough to potentially warrant a modification or reconsideration of that prior decision or agreement. It is not merely any change, but one that is relevant, impactful, and directly affects the underlying basis of the original legal arrangement.

Here are some examples illustrating a material change in circumstances:

• Child Custody and Support: Imagine a court order for child custody and support was established five years ago, with the non-custodial parent living in the same city as the children. If the non-custodial parent receives a job offer requiring them to relocate across the country, significantly impacting their ability to exercise their current visitation schedule, this could be considered a material change in circumstances. The geographical distance and its effect on the children's routine and the parents' ability to co-parent are substantial enough to justify asking the court to review and potentially modify the original custody and visitation order.

• Contract Law: Consider a business that signed a long-term contract to supply a specific raw material to a manufacturer at a fixed price. Due to a sudden and unforeseen global event, the primary source of that raw material becomes completely inaccessible, and the cost of acquiring it from alternative sources skyrockets by 500%. This drastic and unexpected increase in the cost of performance, making the original contract terms commercially unfeasible or impossible to fulfill without severe financial distress, could be argued as a material change in circumstances. This might prompt the parties to renegotiate the contract or seek legal relief from its original terms.

• Probation or Parole Conditions: A person is sentenced to probation with specific conditions, including regular check-ins with a probation officer and mandatory attendance at local counseling sessions. If this individual is diagnosed with a severe, debilitating illness that renders them physically unable to leave their home or attend in-person appointments, this could represent a material change in circumstances. Their health condition significantly impairs their ability to comply with the original terms of probation, potentially leading them or their legal representative to petition the court for a modification of those conditions, such as allowing virtual check-ins or home-based therapy.