What is the current state of the law on a motion to review a previous support order?
Manitoba, Canada
The following excerpt is from Chubey v. Chubey, 2011 MBQB 100 (CanLII):
The law states that if the previous support order allows for a review after a certain period of time, neither party needs to show a material change in circumstances to have the matter re-examined. (Hrabarchuk v. Todosey, (2005) MBQB 301 at paragraph 36; Leskiw v. Leskiw 2006 SCC 25 on reviews) Section 15 of the Divorce Act 1985, c. 3 (2nd Supp) is the correct section to consider in these circumstances, whereas s. 17 of the Divorce Act would apply on a motion to vary.
"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 current order and what is the effect of the previous order? (Manitoba, Canada)
What is the standard of deference the court owes to a motion judge in reviewing an order of support? (Manitoba, Canada)
What is the current state of the law on a motion of motion for personal injury? (Manitoba, Canada)
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
What is the current state of the law on variation motions? (Manitoba, Canada)
What is the current state of the law on a motion to restrict the exercise of power of confinement by the courts? (Manitoba, Canada)
What is the standard of review for appeals from support orders? (Manitoba, Canada)
What is the proper standard of review in the context of a motion for judicial review? (Manitoba, Canada)
What is the test for deferential approach by an appellate court in reviewing a family law support order? (Manitoba, Canada)
What is the test for appellate interference in a motion judge's order setting out child support payments? (Manitoba, Canada)
