What is the threshold issue for a court to vary an order for child support pursuant to s. 17(1)?
British Columbia, Canada
The following excerpt is from Parmar v. Parmar, 2006 BCSC 850 (CanLII):
Accordingly, the threshold issue for the court to exercise its discretion to vary an order for child support pursuant to s. 17(1) is that the applicant must demonstrate that there has been a material change of circumstances, that being a change that if known at the time of the order, would likely have resulted in an order having been made on different terms: see Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, 6 R.F.L. (4th) 161.
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