Acts and Regulations

2020, c.23 - Family Law Act

Full text
Discharge, variance or suspension of a support order for a dependant who is not a child
23(1)Subject to subsection (2), if a support order has been made for a dependant who is not a child, on the application of any person named in the order or the Minister of Social Development, the Court may, by order,
(a) discharge, vary or suspend any term of the order, prospectively or retroactively,
(b) relieve the person who is obligated to provide support from the payment of part or all of the arrears or any interest due on the arrears, and
(c) make any order under section 19, subsection 21(2), or section 29 that the Court considers appropriate in the circumstances set out in subsection 18(1).
23(2)Before the Court makes an order under subsection (1), the Court shall satisfy itself that
(a) there has been a material change in the circumstances of the dependant or the person who is obligated to provide support,
(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.
2021, c.36, s.3
Discharge, variance or suspension of a support order for a dependant who is not a child
23(1)Subject to subsection (2), if a support order has been made for a dependant who is not a child, on the application of any person named in the order or the Minister of Social Development, the Court may, by order,
(a) discharge, vary or suspend any term of the order, prospectively or retroactively,
(b) relieve the person who is obligated to provide support from the payment of part or all of the arrears or any interest due on the arrears, and
(c) make any order under section 19, subsection 21(2), or section 29 or 30 that the Court considers appropriate in the circumstances set out in subsection 18(1).
23(2)Before the Court makes an order under subsection (1), the Court shall satisfy itself that
(a) there has been a material change in the circumstances of the dependant or the person who is obligated to provide support,
(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.
Discharge, variance or suspension of a support order for a dependant who is not a child
23(1)Subject to subsection (2), if a support order has been made for a dependant who is not a child, on the application of any person named in the order or the Minister of Social Development, the Court may, by order,
(a) discharge, vary or suspend any term of the order, prospectively or retroactively,
(b) relieve the person who is obligated to provide support from the payment of part or all of the arrears or any interest due on the arrears, and
(c) make any order under section 19, subsection 21(2), or section 29 or 30 that the Court considers appropriate in the circumstances set out in subsection 18(1).
23(2)Before the Court makes an order under subsection (1), the Court shall satisfy itself that
(a) there has been a material change in the circumstances of the dependant or the person who is obligated to provide support,
(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.