Often times, a parent will seek a modification of a child support order arguing that his/her incarceration constitutes a “substantial change of circumstances.” Courts typically apply 1 of 3 approaches in determining whether incarceration constitutes a “substantial change in circumstances:” (1) a no-justification rule; (2) a complete justification rule, and; (2) a one factor rule. Which of these rules do you think most likely serves the best interest of the child, and why? Can you find out what rule your jurisdiction follows?
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