What is the test for an application to vary child support?
British Columbia, Canada
The following excerpt is from Greene v. Greene, 2010 BCCA 595 (CanLII):
I start from the basic and accepted proposition that child support is a right belonging to the child, not the parent, and that parents cannot waive or bargain away the rights of their children to appropriate child support. I also bear in mind another fundamental tenet of child support which is that, on an application to vary an order, the court must assume that the order was correct at the time it was made. (See, for example, Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, 119 D.L.R. (4th) 405.)
"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
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)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
How is child support calculated when the child only remains a child because of his post-secondary education? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is 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 a period of self-sufficiency preclude a finding that a child was a child of the marriage at the time of an application for support? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (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)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
