What is the test for variation of spousal support?
Canada (Federal), Canada
The following excerpt is from G. (L.) v. B. (G.), [1995] 3 SCR 370, 1995 CanLII 65 (SCC):
48 Variation of support orders is governed by s. 17 of the current Act. Section 17(4) states that before it varies a support order "the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of either former spouse or of any child of the marriage". This provision applies to any variation of a support order, whether in favour of a spouse or of the children. Consequently, the test developed in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, in connection with support for children applies mutatis mutandis to the variation of spousal support. To begin with, the judge must determine whether there has been a change in the parties' situation since the last support order. (1) Change
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