Is a mother’s application for a variation of a memorandum of settlement when she is seeking interim child support?

Although the mother’s application is framed as an “application for variation”, such an application is improper. As set out by Popescul J. in Belfour v. Belfour 2007 SKQB 295; 43 R.F.L. (6th) 212, at para. 12: 12 Part of the relief sought is a variation of a memorandum of settlement. A settlement agreement is an arrangement between parties, akin to a separation agreement or interspousal contract, and not a court order. Neither the applicable legislation nor The Queen’s Bench Rules allow for or contemplate an application for variation of an agreement. ... The parties were divorced by judgment of Kraus J. dated April 20, 2005. There was no child support order sought or granted at the time of the divorce. Clearly, the parties intended on relying on the Agreement as regards the issue of child support. The mother’s application should have been brought as an application for corollary relief, that is, an application for interim child support. Such application should be brought by notice of motion claiming interim relief. The existence of the Agreement is then reviewed by a court as a factor to be considered when making the determination regarding interim child support.