What is the test for a variation to an Adult Interdependent Partner Support Order?

Alberta, Canada


The following excerpt is from Morrow v. Lively, 2011 ABPC 211 (CanLII):

In making the decision regarding a variation to the existing Adult Interdependent Partner Support Order, I am guided by section 58 of the Family Law Act-which sets out the factors to be considered and by section 60 which sets out the objectives of Adult Interdependent Partner Support. Moge v. Moge 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 (SCC) at paragraph 77 sets out that all four objectives defined by the [Divorce] Act, [which is parallelled by the Family Law Act] must be taken into account when spousal support is claimed or an order for spousal support is sought to be varied. No single objective is paramount. Later, in Bracklow v. Bracklow 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 (SCC) at paragraph 32, McLachlin C.J. pointed out that one model of spousal support cannot cover all situations...The most salient feature of the spousal support provisions in the Divorce Act is that of balance. Every factor is balanced by another factor.

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