Is there a material change in circumstances which justifies a variation proceeding?
Ontario, Canada
The following excerpt is from Edwards v. Edwards, 2021 ONSC 1550 (CanLII):
The Interim Order of MacPherson J. was premised on the fact that both children were in school. The fact that the children are now both over 18 years of age and no longer in school qualifies as a material change in circumstances which justifies a variation proceeding. See: Kozak v. Kozak, 2018 ONSC 690, at para. 47: “Evidence that a child is no longer entitled to child support … meets the threshold test of whether there has been a change of circumstances since the previous order was made.”
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