In what circumstances will the court consider whether there was a substantial change in the income of the father?
British Columbia, Canada
The following excerpt is from Brown v. Simon, 2000 BCCA 43 (CanLII):
In my respectful view a conclusion as to whether there was a substantial change in circumstances could not be made without determining the relevant underlying facts. As I have said, the learned trial judge did not find what the father’s income was at the time of the application, nor did he make a finding as to his income at the time of the earlier order. He did not find whether the mother’s income had decreased as alleged, and if so, to what extent. And he did not find whether the child’s needs had increased. I do not believe that this Court could safely undertake the determination of those facts on the existing state of the record. Nor do I believe this Court can resolve the issues arising on the claim for extraordinary expenses. A determination of that claim requires a consideration of the parties’ combined incomes, as well as the other factors referred to in McLachlin v. McLachlin (1998), 1999 BCCA 135 (CanLII), 44 R.F.L. (4th) 176 (B.C.C.A.).
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