Is a step-parent's obligation to pay child support for their step-children considered a material change in circumstance?
British Columbia, Canada
The following excerpt is from R.A.V. v. S.M.I.V., 2007 BCSC 1896 (CanLII):
I digress here to note that new family obligations assumed by a payor spouse will usually not amount to a material change in circumstance in relation to that spouse's obligation to pay support for his or her natural children. That is, in part, a reflection of the "first family" concept. In Beatty v. Beatty, [1997] B.C.J. No. 995 (C.A.), Southin J.A. expressed reservations about whether the "family first obligation concept" has any place in relation to children of step-parents. There is no doubt, however, that R.A.V.'s primary obligation is to his natural child, and hence the birth of that child amounts to a material change in circumstance.
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