Can a consent order vary child support under s. 17.1(1) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Ateb v. Ateb, 2015 BCSC 2267 (CanLII):
At the hearing of the application, I distributed to the claimant and counsel for the respondent the case of Lambright v. Brown, 2003 BCCA 621 [Lambright]. That case suggests that where a consent order contains no provision for payment of child support, there is no “child support order” to vary under s. 17. Instead, a party seeking payment of child support must apply pursuant to s. 15.1(1) of the Divorce Act for an order for child support. Under s. 15.1(1) it is not necessary to prove a material change in circumstances, the test applicable under s. 17.
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