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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
What is the effect of retroactive child maintenance on the maintenance of a child who was awarded by the Court of Appeal? (British Columbia, Canada)
What is the testator's family maintenance under the Testator's Family Maintenance Act? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
What is the test for a variation of a child support order? (British Columbia, Canada)
Does child maintenance have any bearing in the division of family assets? (British Columbia, Canada)
