What is the test for a party seeking to vary the order of support for a debtor who has been declared bankrupt since July 2000?
British Columbia, Canada
The following excerpt is from M.A.B.B. v. J.G.B., 2003 BCSC 489 (CanLII):
A party seeking to vary an earlier order for support must show there was a material and unforeseen change in the needs, means, capacities and economic circumstances of the parties since the original order was made: Willick v. Willick 1994 CanLII 28 (SCC), [1994], 3 SCR 670. I am satisfied that the filing of the bankruptcy in July of 2000 was a material change of circumstances.
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