Does a change in circumstances under s. 9 of the Federal Child Support Guidelines require the applicant to prove that their financial situation has improved since the date of a previous order?
British Columbia, Canada
The following excerpt is from Stuart v Madigan, 2018 BCSC 1205 (CanLII):
To further illustrate the difference in the tests, see Muller v. Muller, 2015 BCSC 370, where the court concluded that the applicant's financial situation had improved since the date of the original order, though not to such an extent that it constituted a change in circumstances. However, since the previous order was subject to review after a certain date, in the circumstances of the case, Mr. Justice Ball held that it was not necessary to prove a change in circumstances under s. 9 of the Federal Child Support Guidelines:
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