Burden of Proof
The party seeking modification of maintenance has the burden of demonstrating that a substantial change of circumstances has occurred.
In an action for the modification of maintenance, proof of need and proof of a change in circumstances are not separate and distinct issues; the need of the recipient spouse is one of the circumstances the court is to consider in determining the original award of maintenance. Similarly, a change in the need of the recipient spouse would be a circumstance to be considered in determining whether an award should be modified, and the burden of establishing such a change in the need rests with the movant.
