What is the test for a variation of a child support order?
British Columbia, Canada
The following excerpt is from Lu v. He, 2006 BCSC 1254 (CanLII):
In Earle v. Earle, 1999 CanLII 6914 (BC SC), [1999] B.C.J. No. 383 (S.C.), Martinson J. set out the principles that apply to the variation of a child support order at para.19: Before a judge can change a maintenance order that has already been made, there has to be a material change of circumstances since the original order was made. That is, the change must be of the kind that, if known by the judge when the last order was made, would have resulted in a different order. The change must be significant and long lasting. Otherwise, there will be uncertainty, which is not in the best interests of children.
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