Cantlon v. Folk-Klein, 2016 BCSC 868 is an interesting decision because it discusses, among other things, barring review of a child support obligation until a future date.
The parties obtained a previous order which barred review of the payor’s child support obligation until 2019, despite any material change in circumstance. In 2016, the payor brought an application to vary child support and the payee relied on the provision barring review.
On application, the provision was found to improperly impede the court’s ability to assess the children’s best interests, which seems like the right result. The bar also seems manifestly unfair to the payor and one wonders why it was ordered in the first place.
The take away point is, if you are thinking about barring a review despite a material change, think twice.
Jeffrey L. Hartman