Sentences with phrase «upon changed circumstances»

If the PSA had been merged it would have become part of the decree making spousal maintenance modifiable only upon changed circumstances.

In Arizona, the decision of the court regarding modification of spousal maintenance is based upon Arizona Revised Statute Section 25 - 327 (A)(2007) which requires that modification be dependent upon changed circumstances.

Child support is subject to modification, depending upon the changing circumstances of the reconstituted family.

Not exact matches

Such statements are based upon the current beliefs and expectations of management and are subject to significant risks, uncertainties and changes in circumstances that could cause actual outcomes and results to differ materially.

It could be that the public demands placed upon a prime minister and his spouse justify the assistance, regardless of that prime minister's personal means; essentially, that Trudeau's circumstances and official burden have changed.

In addition to a voluntary dissolution, SSE Holdings will be dissolved upon a change of control transaction under certain circumstances, as well as upon the entry of a decree of judicial dissolution or other circumstances in accordance with Delaware law.

While the market value of a floater under normal circumstances is relatively insensitive to changes in interest rates, the income received is, of course, highly dependent upon the level of the reference rate over the life of the investment.

I now believe it does a tremendous disservice to honorable people who are faithful believers to place on them the additional burden of guilt, shame and magnified suffering that comes from the kind of doctrine that promotes (sells) prayer as a magic talisman which will somehow change God's mind, alter physical circumstance, and fix intractable problems — if only the one praying has enough faith or asks in the right way or lives a holy enough life or professes Jesus enough or waits patiently or never gives up or any of a hundred different gotchas that can be called upon to justify the lack of an affirmative answer.

These unnecessary constraints do not operate chiefly upon the rich and powerful but upon the poor and oppressed.29 It is among them that there exists the greatest gap between the quality of experience now realized and what they are capable of realizing as circumstances change.

I've made plenty of mistakes along the way and plenty of detours, too — some detours I made deliberately and some were thrust upon me as circumstances changed.

They themselves are not responsible for their parents breaking up and they need support to grow up in a way which best helps them adapt to the change in circumstances forced upon them.

The proposed repeal then raises FCC v. Fox to explain that a «reasoned explanation» for a new regulation can be based on only policy changes and «need not be based upon a change of facts or circumstances.»

As actors, Pegg and Frost are showing greater range than ever before, yet their comic timing is still right on the money, and their chemistry floods right back into the picture when called upon by changing circumstances in the story.

As Cat's circumstances change, her life gets turned upside down, and new roles are thrust upon her — how she handles these challenges reshapes and defines her.

Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and / or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If something were to change in their business, circumstances or personal health, there are other sources of wealth to draw upon.

Your dog's response depends upon many components such as: hereditary factors, puppy - hood experiences, current circumstances, and the amount of time you dedicate to changing your dog's behavior.

They envision themselves as being acted upon by circumstances they can not control, understand, or change.

«A New Life» opens on Thursday, July 1st and looks to reflect upon recent changes in the UK artist's personal circumstances, such as a change of location and also the great tamer that is fatherhood.

A recent conference blurb defined it, in perhaps typically academic style, as follows «The property or process of social resilience is said to be contingent upon the manner in which the system it describes can successfully achieve a socio - technical and political shift in its internal organisation in response to a change in external circumstances».

The whole idea behind such concepts as stare decisis is that the «law» is built upon existing law and decisions and is usually not changed except in extreme circumstances.

No matter which area we represent you or your family, whether it is marriage or divorce, child custody or support, our experienced attorney realizes that circumstances change, and that the initially agreed upon case may need to be modified in the future.

Failure to Include an Issue in a Pretrial Statement In Arizona, a divorced individual with a spousal maintenance obligation can ask the court for a modification if there are significant changes to their circumstances and their ability to cover the agreed upon amount financially.

Any type of change in circumstances may be grounds upon which a termination or modification of child or spousal support may be sought.

In these circumstances, your employer can not simply force the change upon you, without flirting with a constructive dismissal claim.

While parenting plans may be modified based upon a substantial change in circumstances, you should never assume that you will be able to modify the agreement as a modification must be approved both parties or the Court.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

The Court of Appeals concluded its review of Linton by saying: «Thus, Linton is essentially based upon the principle that the court will look with disfavor upon a party who attempts to evade contractually agreed upon spousal maintenance responsibilities by asserting a change of circumstances when the parties originally made their agreement with such changes in mind».

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

They are discussed here: http://www.aclrc.com/what-is-access-to-justice/. The meaning changes depending upon the circumstances of those who are seeking justice.

Modification of custody based upon custodial parent's relocation is determined under the general modification statute; substantial change in circumstances must be shown and that modification will serve the best interests of the child.

Changes brought about by relocation of parent may, in given case, be sufficient to justify change in custody; result depends upon circumstances of each case.

Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions.

Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne,

In Dickson v Dickson, the Virginia Court of Appeals ruled that the award of spousal support was a periodic payment award subject to modification upon a change in circumstances such as husband's bankruptcy discharge of the equitable distribution award to wife.

(a) A petition for modification or termination of an existing support order shall specifically aver the material and substantial change in circumstances upon which the petition is based.

And so lawyers have to increase the price of legal services because more time is needed to produce them due to changing circumstances, i.e., the rapidly increasing volumes of law, their complexity, dependence upon technology, and the great volumes of records that electronic technology has made possible.

The background to the changes, Sales J said, was the «growing cost of pension provision as life expectation increases... constraints upon the public finances in current circumstances and a desire on the part of the government to reduce the costs of redundancy through restructuring of government departments».

As for the ease of the changes, that depends upon the circumstances surrounding the situation.

Additionally, coverage options may change depending upon your particular situation and unique, surrounding circumstances.

The court will only modify a custody order upon a demonstration of a material change of circumstances, which means that the existing custodial arrangement is no longer in the best interests of the child, such as when a serious health problem prevents a parent from taking care of a child.

The wife appealed this modification of custody, arguing that the trial court's decision, premised on the principle that her relocation could in and of itself constitute a material change in circumstances, necessarily infringed upon her constitutional right to travel.

RCW 26.09.260 (5) provides that: The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child... if the proposed modification is only a minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and: (a) Does not exceed twenty - four full days in a calendar year; or (b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or (c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time.

The alimony reform bill changes «permanent» alimony, limits alimony in marriages under 20 years (unless there are exceptional circumstances), codifies modification of alimony upon retirement, and more clearly defines how alimony may be terminated or modified pursuant to changes in circumstances.

No matter whether spousal maintenance is awarded, denied or reserved after a trial, the issue may be always be readdressed and spousal maintenance modified upon a showing that there has been a substantial change in circumstance making the original award (or denial) unreasonable or unfair.

1) Child Support Modification - In Pennsylvania, child support is modifiable upon a «material and substantial change in circumstances.»

The court will only modify a custody order upon a demonstration of a material change of circumstances.

(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted.

And this need may change based upon circumstance (i.e., while under stress your need for emotional connection may increase or decrease).

In the Supreme Court of British Columbia, McEachern CJ stated that «no doubt Aboriginal activities have fallen very much into disuse in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70].