What is the scope of the court's authority to vary a child support order?
Ontario, Canada
The following excerpt is from Meyer v. Content, 2014 ONSC 6001 (CanLII):
The powers of the court on a motion to vary a child support order are very broad. The court can not only change the terms of the order, either prospectively or retroactively, but can also suspend or discharge the order, either in whole or in part, and on either a prospective or retroactive basis. The court’s authority with respect to arrears is similarly broad, and includes the power to rescind the arrears and interest either entirely or in part, or to reduce the amount of arrears payable. The powers of the court in a variation proceeding also include the power to order appropriate set-offs (Campbell v. Chappel, 2006 CarswellNWT 28 (S.C.)).
"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
What is the scope of the court's authority to change a child support order or adjust outstanding child support under subsection 37(2.1)? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support? (Ontario, Canada)
In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Can a court order a reduction in child support if the child is working full-time and attends community college? (Ontario, Canada)
What is the scope of the court's authority in a child support variation proceeding? (Ontario, Canada)
In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father? (Ontario, Canada)
