What is the test for an application to vary a spousal support order?
British Columbia, Canada
The following excerpt is from K.D. v. N.D., 2011 BCCA 513 (CanLII):
An application to vary an earlier order for spousal support engages a two stage process. First, s. 17(4.1) of the Divorce Act, R.S.C. 1985, c. 3 (the “Act”) provides that, before a court may vary a support order, it must be satisfied that a “change in the condition, means, needs or other circumstances of either former spouse” has occurred since the earlier order was made. The change must thus relate to the economic situation of the applicant. As well, it must be material. As this Court observed in Turpin v. Clark, 2009 BCCA 530, 313 D.L.R. (4th) 452, at para. 46, the concept of materiality has been characterized in several ways. For present purposes, it is sufficient to describe it as a substantial, unforeseen and continuing change that, if known by the judge who made the prior order, would have led to a different award of support.
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