What is the test for variation in child support?

British Columbia, Canada

The following excerpt is from Quayle v. Quayle, 2007 BCSC 826 (CanLII):

Sopinka J. went on to say, at p. 691: Having found that the conditions for variation exist, the trial judge should proceed to determine what variation should be made. The trial judge must re-assess the needs of the children in light of the change. The needs of children are not assessed in a vacuum but are affected by the standard set by the means of the parents. When the means of parents are limited, the children's needs may be satisfied by the bare necessities. In these circumstances the children are required to do without some things which would be available to them if the means of the parents were greater. The reasonable expectation of the children for future support upon marriage break-up is conditioned by the standard of living of the parents at the time. This expectation is not frozen as of the date of marriage break-up. If there is a significant change in the circumstances of one of the parents subsequent to the support provisions, the reasonable expectations of the children will be affected. In this regard I agree with the statement of Kelly J.A. in Paras v. Paras, [citation omitted], when he states: Since ordinarily no fault can be alleged against the children which would disentitle them to support, the objective of maintenance should be, as far as possible, to continue the availability to the children of the same standard of living as that which they would have enjoyed had the family break-up not occurred.

Other Questions

Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
How is child support calculated when the child only remains a child because of his post-secondary education? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.