What factors will the court consider in determining whether to vary a maintenance order?
Saskatchewan, Canada
The following excerpt is from Anderson v. Anderson, 2010 SKQB 326 (CanLII):
In Jewell v. Dixon 2005 SKQB 204, [2005] S.J. No. 283 (QL),at para. 13 the court cited the following factors to be considered on an application of this kind: 1. The nature of the maintenance order sought to be varied; 2. The ongoing financial capacity of the payor; 3. The ongoing needs of the child; 4. Any unexplained delay in enforcing arrears; 5. Any explanation as to the delay in seeking relief from the arrears; 6. Whether enforcement of payment of arrears would cause hardship to the payor; and 7. The payor's ability to pay the arrears at the time they were incurred. FACTS
"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 factors will a court consider when determining whether to remit arrears under a maintenance order? (Saskatchewan, Canada)
What are the relevant factors that a court will consider in determining whether or not to exercise jurisdiction? (Saskatchewan, Canada)
Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that its contents can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What factors are considered in determining whether a respondent has been assigned in bankruptcy by the petitioner? (Saskatchewan, Canada)
What factors are considered in determining whether or not a decision maker has a duty of fairness when making a decision that is procedurally unfair? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What factors will the court consider in determining interim distribution of family property? (Saskatchewan, Canada)
What factors will the court consider in determining which province has jurisdiction over a variation proceeding? (Saskatchewan, Canada)
What factors will be considered in determining whether equipment is a "chattel" for a mortgagee? (Saskatchewan, Canada)
