Can a variation application be brought in the province of residence of either spouse?
Alberta, Canada
The following excerpt is from D.L.C. v. C.W.C., 2006 ABQB 350 (CanLII):
Notwithstanding the provision that a variation application can be brought in the province of residence of either spouse the popular view is that a resulting order does not bind the Respondent unless he “attorns” to the jurisdiction by filing documents or otherwise appearing in the proceeding; see Muzechka v. Muzechka [2002] A.J. No. 1313. For that reason many applicants for a variation of a support order make that application before a Court in the province in which the respondent resides.
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