What is the current state of the law on a motion to review a previous support order?
Manitoba, Canada
The following excerpt is from Chubey v. Chubey, 2011 MBQB 100 (CanLII):
The law states that if the previous support order allows for a review after a certain period of time, neither party needs to show a material change in circumstances to have the matter re-examined. (Hrabarchuk v. Todosey, (2005) MBQB 301 at paragraph 36; Leskiw v. Leskiw 2006 SCC 25 on reviews) Section 15 of the Divorce Act 1985, c. 3 (2nd Supp) is the correct section to consider in these circumstances, whereas s. 17 of the Divorce Act would apply on a motion to vary.
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