What is the role of the Court of Appeal in overturning a child support order?
New Brunswick, Canada
The following excerpt is from Adams v. Adams, 2003 NBCA 10 (CanLII):
The role of an appellate court with respect to support orders is made clear in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 by Madam Justice L'Heureux-Dubé who states at p. 525-526: Our Court has often emphasized the rule that appeal courts should not overturn support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong. ... ... Though an appeal court must intervene when there is a material error, a serious misapprehension of the evidence, or an error in law, it is not entitled to overturn a support order simply because it would have made a different decision or balanced the factors differently.
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