Does the trial judge’s spousal support decision not to change the order, even if the husband's income falls if he decides to retire or work less?

Saskatchewan, Canada


The following excerpt is from M. v M., 2012 SKCA 55 (CanLII):

P.’s concerns about the trial judge’s spousal support decision are compounded by his worry that he will never be able to vary the order even if, in keeping with his plans, he decides to retire or work less and his income falls as a result. This, of course, is because the variation of a support order will be granted only if there is a “material change of circumstances.” In Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, this concept was defined as follows, at p. 688: 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. …

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