What is the test for overturning a child and spousal support award?
Manitoba, Canada
The following excerpt is from Gobeil v. Gobeil, 2007 MBCA 4 (CanLII):
22 Decisions concerning child support and spousal support are entitled to considerable deference and therefore “appeal courts should not overturn support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong” Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 at para 11.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect on spousal and child support when the petitioner stops paying child support? (Manitoba, Canada)
What is the effect of a delay in seeking spousal support if the husband has been seeking support for more than a year? (Manitoba, Canada)
What is the difference between a claim for equal division of property and equalization of spousal and child support? (Manitoba, Canada)
What is the test for determining if a child is entitled to child support? (Manitoba, Canada)
What is the test for a "compensatory spousal support" award? (Manitoba, Canada)
Does the husband have to rely on the threshold test for spousal support awarded by a motions judge? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
What is the burden of spousal support for a spouse who remarries? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
Is there any case law that supports the argument that a child is financially dependent on their parent by reason of other cause? (Manitoba, Canada)
