What is the threshold test for variation of a support order?

British Columbia, Canada


The following excerpt is from Paterson v. Paterson, 1997 CanLII 4397 (BC SC):

In the case of Willick v. Willick (1994), 1994 CanLII 28 (SCC), 6 R.F.L. (4th) 161 (S.C.C.) the court set out what has been described as the "threshold test" to be applied in the case of applications to vary support orders. At para. 21, pp. 179-180, Sopinka, J. stated: In deciding whether the conditions for variation exist, it is common ground that the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time, it cannot be relied on as the basis for variation...

Other Questions


Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
When a spousal support order is varied as a result of a change in circumstances and a review of the support order? (British Columbia, Canada)
What is the test for variation of a support order? (British Columbia, Canada)
What is the test for a spousal support order against a woman who has been ordered to work for 20 years? (British Columbia, Canada)
What is the test for variation in a spousal support order? (British Columbia, Canada)
What is the test for a variation of a child support order? (British Columbia, Canada)
What is the effect of an application for retroactive variation of a child support order? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.