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Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 14:40, 5 July 2017
, 14:40, 5 July 2017→Changing an order allowing support
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===Changing an order allowing support=== | ===Changing an order allowing support=== | ||
When a party seeks to vary a final order for spousal support made under the ''[[Divorce Act]]'', he or she must show that there has been a ''material change in circumstances'' affecting one or both of the parties. A material change is a significant change. In the 1996 case of ''[http://canlii.ca/t/1f0dj Tyler v. Tyler]'', 1996 CanLII 1190 (BCCA), the Court of Appeal said that a material change is one that is "substantial, unforeseen and of a continuing nature." In the 1995 case of ''[http://canlii.ca/t/1frh3 G. (L.) v. B. (G.)]'', [1995] 3 SCR 370 the Supreme Court of Canada said that a material change is one that, if known at the time of the original order, would have resulted in a different order being made. | When a party seeks to vary a final order for spousal support made under the ''[[Divorce Act]]'', he or she must show that there has been a ''material change in circumstances'' affecting one or both of the parties. A material change is a significant change. In the 1996 case of ''[http://canlii.ca/t/1f0dj Tyler v. Tyler]'', 1996 CanLII 1190 (BCCA), the Court of Appeal said that a material change is one that is "substantial, unforeseen and of a continuing nature." In the 1995 case of ''[http://canlii.ca/t/1frh3 G. (L.) v. B. (G.)]'', [1995] 3 SCR 370 the Supreme Court of Canada said that a material change is one that, if known at the time of the original order, would have resulted in a different order being made. A variation application will treat the original order as correct and limit its role to determining whether the change is sufficient to justify a variation. | ||
[http://canlii.ca/t/7vbw#sec17 Section 17] of the ''[[Divorce Act]]'' says this: | [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''[[Divorce Act]]'' says this: | ||
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<blockquote><blockquote><tt>(d) the matters to be considered for the purposes of a review.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(d) the matters to be considered for the purposes of a review.</tt></blockquote></blockquote> | ||
It is important to note that when the review date for an order for spousal support arrives, the payor's obligation to keep making the support payments does not end. At that time, it is usually open to both parties to start negotiations or make an application about spousal support. The payor may wish to have the amount of support reduced or have his or her obligation to pay support ended. The recipient, on the other hand, usually seeks to have the support maintained, and, sometimes, increased. If neither party makes an application to have the issue of spousal support reviewed, the existing order continues to be in effect. | |||
Once one of the parties makes an application for the review of the order for spousal support, the issue is heard by the court as a fresh hearing of the issue, called a hearing ''de novo'', as if the question of spousal support were being determined for the first time. Section 168(2) says what can happen if the review is by way of a court hearing: | Once one of the parties makes an application for the review of the order for spousal support, the issue is heard by the court as a fresh hearing of the issue, called a hearing ''de novo'', as if the question of spousal support were being determined for the first time. Section 168(2) says what can happen if the review is by way of a court hearing: | ||
