In what circumstances will a pre-guideline agreement or order change child support and/or section 7 expenses?

Ontario, Canada


The following excerpt is from Jordan v. Stewart, 2013 ONSC 902 (CanLII):

In the case before me, there was no pre-guideline agreement or order. This case was resolved in 2004 and 2008 when the child support guidelines were well entrenched. The father had hired an expert to provide an opinion as to his guideline income that he and his counsel knew would, if accepted and the guidelines applied, result in a considerably lower child support amount than what he agreed to. If accepted, the order would have been lower and the section 7 expenses may have also been lower. The order would have likely been otherwise silent as to duration and terms of future support, not getting into the specifics including: the first degree, four year degree over five years, reduced course load, without prejudice right to seek a review to continue child support, etc. Wright v. Zaver had been decided two years before the 2004 consent order and six years before the 2008 consent order. To now use Wright v. Zaver to advance a position that any change of circumstance from the time of the consent orders, however relevant, requires a reconsideration and modification of an order made and approved by this court, would lead to potentially inequitable results.

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