N. Adjournments; Stay of Variation Proceeding

Author:Julien D. Payne - Marilyn A. Payne

Page 502

A motion to vary child support may be dismissed with leave to re-apply after proper notice has been given and appropriate documentation and income calculations have been provided.138The court may, in its discretion, refuse to entertain an application to vary a subsisting support order until accrued arrears are paid or the court is satisfied that they cannot be paid.139The court may decline to stay an application to vary child support pending the applicant’s payment of costs ordered against him in previous proceedings where the application to vary is not frivolous, vexatious or an abuse of process and valid reasons may exist for the failure to pay.140

[138] Vogel v. Vogel, [1997] M.J. No. 374 (Q.B.).

[139] Winsor v. Winsor (1994), 7 R.F.L. (4th) 30 (Nfld. S.C.); Eves v. Eves (1974), 17 R.F.L. 57 (Ont. H.C.J.).

[140] Matsell v. Young (1994), 5 R.F.L. (4th) 203 (Ont. Prov. Div.).

To continue reading