What is the test for a variation of child support under the Divorce Act?
British Columbia, Canada
The following excerpt is from Atkinson v. Atkinson, 2011 BCSC 1816 (CanLII):
Where a variation of child support is sought under the Divorce Act that would have the effect of reducing or cancelling accumulated arrears of support, the court must be satisfied that there has been a material and long-lasting change of the kind that, had it been known at the time of the original order, would have resulted in a different order: Earle v. Earle, 1999 BCSC 283 at para. 19.
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