Y. Types of Order

Author:Julien D. Payne - Marilyn A. Payne

Page 536

The types of order that may be granted in a variation proceeding and the inclusion of terms or conditions that may be incorporated therein correspond to those applicable to original applications.377The powers of variation, rescission and suspension conferred by section 17 of the Divorce Act and section 14 of the Federal Child Support Guidelines are not confined to orders for unsecured periodic payments and may be exercised with respect to orders for the payment of a lump sum and orders to secure support.378In a variation proceeding, a court may substitute a lump sum support order for a preexisting order for periodic payments. Such substitution may provide an appropriate means of preventing further contentious litigation between the spouses.379

[377] Divorce Act, s. 17(3).

[378] See Lavoie v. Yawrenko (1992), 44 R.F.L. (3d) 89 (B.C.C.A.).

[379] Droit de la famille - 913 (1990), 30 R.F.L. (3d) 83 (Que. C.S.).

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