Difference between revisions of "Changing Orders in Family Matters"
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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]]'', they 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. | When a party seeks to vary a final order for spousal support made under the ''[[Divorce Act]]'', they 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 court hearing 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(4.1)] of the ''[[Divorce Act]]'' says this: | ||
<blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote> | <blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote> | ||
Section 17(7) continues to say: | |||
<blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote> | <blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote> | ||