Under the Divorce Act (DA), what is required for a variation of child support?

A variation of child support under the Divorce Act is predicated on demonstrating a "change of circumstance." This legal standard is essential because child support arrangements are intended to reflect the current financial situations of the parents and the needs of the children. Factors that might constitute a change in circumstance can include significant changes in income, employment status, changes in the child's needs, or other relevant alterations in the familial situation.

Establishing a change of circumstance provides the legal basis for a petition to modify the existing child support order in a way that ensures the ongoing fairness and appropriateness of financial support arrangements. Courts require this demonstrable change because child support is not intended to be static; it must evolve as the life circumstances of the parties involved change.

In contrast, while a new agreement between parents could lead to variations in support, it is not a legal requirement under the Divorce Act; such agreements must also align with the need to demonstrate a change. Additionally, family mediators play a role in facilitating discussions and agreements between parents, but their approval is not a legal requirement for variations. Lastly, the mere extension of an initial order does not inherently address the need for adjustment in support; it could perpetuate outdated arrangements without reflecting current realities.