What do I need to prove?
You must show that a material change of circumstances has occurred, as provided by the applicable Child Support Guidelines, that would have resulted in a different order had the circumstances been known at the time the original order was made.
Depending on the amount of support being paid, the person requesting a change must prove either:
Any change in circumstance which would result in a different amount of child support payable under the Guidelines; or
If the amount payable was different than what was prescribed by the Guidelines, any change in the condition, means, needs or other circumstances of either spouse or of any child entitled to support.
This change must be material, and must be a change that would have resulted in a different order.
What is a material change?
The “Material Change” test was articulated by the Supreme Court in Willick v Willick, where they stated:
“…the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting change was known at the relevant time, it cannot be relied on as the basis for a variation.”
The onus is on the party seeking a variation to prove that a material change occurred since the date of the original order which would have resulted in a different order being made.
What constitutes a “material change” differs on a case-by-case basis, and the courts will look to the specific facts of each unique case in making a determination.
A material change might be a change in the circumstances of the child – such as going to university, earning an income, illness/disability, or a change in the parenting schedule.
It might also be a change in the circumstances of the parents, including an increase/decrease in their income.