The appellant sought an upward variation of child support after a separation agreement had been incorporated into a divorce judgment and the payor's income rose dramatically.
The Supreme Court held that under s. 17(4) of the Divorce Act, a material change in either the condition, means, needs or other circumstances of either former spouse or any child is sufficient to trigger variation; a change in both parental and child circumstances is not required.
The Court further held that once the threshold for variation is met, the judge may reassess child support in light of the present circumstances of the parties and children, while recognizing that child support is the right of the child and that children may benefit from improvements in a parent's standard of living.
The Court restored the chambers judge's increased child support order and held the Court of Appeal had no basis to intervene.
