What constitutes a material change in circumstances in the context of child and spousal support proceedings?
British Columbia, Canada
The following excerpt is from Mazloomi v Mazloomi, 2021 BCSC 871 (CanLII):
A material change in circumstances in the context of child and spousal support variation proceedings is a change that is “significant and long-lasting”: Roloson v. Clyde, 2017 ONSC 3642 at para. 49.
The test for what constitutes a “material change” focuses on what the parties actually contemplated at the time that the order was entered into by agreement, rather than what one party knew or reasonably foresaw: Dedes v. Dedes, 2015 BCCA 194 at para. 25.
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