Can a court vary, suspend or rescind a previous order on child support under s. 17(1) of the Divorce Act?
British Columbia, Canada
The following excerpt is from D.N.L. v. C.N.S., 2013 BCSC 858 (CanLII):
Section 17(1) of the Divorce Act confers jurisdiction on the court to vary, suspend or rescind a support order. Where, as here, there is no previous order, the court's jurisdiction to vary under s. 17 of the Divorce Act is not engaged. When child support is payable under a pre-existing agreement which has not been incorporated into a divorce order, the court may make a child support order under s. 15.1 of the Divorce Act. In the absence of a previous order, a material change of circumstances is not required: Fung-Sunter v. Fabian, 1999 BCCA 346.
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