Acts and Regulations

F-2.2 - Family Services Act

Section 118
Disposition versions

Full text
Repealed
118Repealed: 2020, c.24, s.3
1997, c.59, s.6; 2000, c.44, s.5; 2020, c.24, s.3
Discharge, variance, suspension of support order
118(1)Where an order for support has been made in respect of a dependant who is neither a child nor a child at or over the age of majority and the court is satisfied that
(a) there has been a material change in the circumstances of the dependant or the respondent,
(b) evidence has become available that was not available on the previous hearing, or
(c) the conduct of the dependant has unreasonably prolonged or aggravated the need for support,
the court may, upon the application of any person named in the order or referred to in subsection 115(3), discharge, vary or suspend any term of the order, prospectively or retroactively, relieve the respondent from the payment of part or all of the arrears or any interest due thereon and make such order under section 116 as the court considers appropriate in the circumstances referred to in subsection 115(6).
118(2)Where an order for child support or an order for the support of a child at or over the age of majority has been made and the court is satisfied that a change of circumstances as provided for in the regulations respecting orders for child support has occurred since the making of the order under subsection 115(1) or since the making of the last order under this section, if any, in respect of the support of a child or a child at or over the age of majority, the court may, upon the application of any person named in the order or referred to in subsection 115(3) and subject to paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be,
(a) discharge, vary or suspend any term of the order, prospectively or retroactively,
(b) relieve the respondent from the payment of part or all of the arrears or any interest due thereon, and
(c) make any order for child support or any order for the support of a child at or over the age of majority that the court could make on an application under section 115 for the support of a dependant who is a child or a child at or over the age of majority.
1997, c.59, s.6; 2000, c.44, s.5
Discharge, variance, suspension of support order
118(1)Where an order for support has been made in respect of a dependant who is neither a child nor a child at or over the age of majority and the court is satisfied that
(a) there has been a material change in the circumstances of the dependant or the respondent,
(b) evidence has become available that was not available on the previous hearing, or
(c) the conduct of the dependant has unreasonably prolonged or aggravated the need for support,
the court may, upon the application of any person named in the order or referred to in subsection 115(3), discharge, vary or suspend any term of the order, prospectively or retroactively, relieve the respondent from the payment of part or all of the arrears or any interest due thereon and make such order under section 116 as the court considers appropriate in the circumstances referred to in subsection 115(6).
118(2)Where an order for child support or an order for the support of a child at or over the age of majority has been made and the court is satisfied that a change of circumstances as provided for in the regulations respecting orders for child support has occurred since the making of the order under subsection 115(1) or since the making of the last order under this section, if any, in respect of the support of a child or a child at or over the age of majority, the court may, upon the application of any person named in the order or referred to in subsection 115(3) and subject to paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be,
(a) discharge, vary or suspend any term of the order, prospectively or retroactively,
(b) relieve the respondent from the payment of part or all of the arrears or any interest due thereon, and
(c) make any order for child support or any order for the support of a child at or over the age of majority that the court could make on an application under section 115 for the support of a dependant who is a child or a child at or over the age of majority.
1997, c.59, s.6; 2000, c.44, s.5