What is the test for obtaining a variation of income for a child who has changed career status to become a professional?
New Brunswick, Canada
The following excerpt is from MAA v JMA, 2011 NBQB 298 (CanLII):
With this legal guidance, I turn to the pertinent facts of the case. Just before doing so there is one further legal point that needs to be made – the onus lies on the father on a balance of probabilities to establish that his decision to quit his employment and to embark on the career path he decided was a “reasonable” one in all the circumstances (Donovan v. Donovan, supra at para. 31). As stated in that case: … at the end of the day, the onus lies on the person requesting a variation to adduce evidence to show that the change of career and the resulting change in income was reasonable. The means of knowledge as to how much he is capable of earning lies within his control. (supra, para. 32)
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