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What Constitutes Substantial Change in Circumstances

When you want to make a modification to your current child custody or child support arrangement, or any other matter related to family law, you will have to provide that there has been a “substantial change in your circumstances.” Although that term is used very often in family law, there is no hard and fast rule about what exactly it covers.

A family court will take into account a number of factors to determine whether there has been a substantial change of circumstances in your case.

For instance, if your situation meets the following criteria, you may qualify for a modification based on substantial change in circumstances.

If the custodial parent has not provided for your child and looked after his needs.

If the custodial parent is frequently moving his residence, placing hardship on the child.

If there has been a substantial move away from the custodial parent.

If the child does not have access to a safe environment with the other parent.

If the parent has lost his or her job.

If the parent has suffered a decrease in income.

If the other parent is now married to a new person.

If the other parent is in a live-in arrangement with a new person.

If the child is being subjected to abuse by the other parent or his/her new partner.

If the other parent now suffers from some physical or mental condition that prevents him or her from looking up for the child.

Any of the above can qualify as substantial change in circumstances. However, these are not the only situations that are covered. If you want to modify your child custody or child support arrangement, or want changes to spousal maintenance payments, speak to a family lawyer in Colorado about whether you qualify. An attorney will advise you about whether your case qualifies as substantial or material enough for a modification.