What is the test for variation of a child maintenance order under the Family Relations Act?

British Columbia, Canada


The following excerpt is from Anderson v. von Schellwitz, 2000 BCSC 1479 (CanLII):

The defendant is not entitled to a variation of a child maintenance Order made under the Family Relations Act simply because the Guidelines came into effect after the original order was made. But, that is a change of circumstance that gives discretion to the court to vary the amount of support: Wang v. Wang, [1998] B.C.J. No. 1996 (B.C.C.A.). Nevertheless, the original Order can only be varied if it is seen to be unreasonable when compared with the amount of support that would result from the application of the Guidelines.

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