What is the test to vary a maintenance order?

Saskatchewan, Canada


The following excerpt is from Holmes v. Willis, 2006 SKQB 190 (CanLII):

An application to vary requires a two step analysis (Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670). The first step requires that a material change of circumstance must be demonstrated such that the 2004 maintenance order is obsolete and requires variation. If that threshold is met the court will then embark on the second step of the analysis and consider a fresh examination of all of the circumstances including those elements of change.

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