Under what condition can a child support order be changed or discharged?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A child support order can be changed or discharged when there has been a change of circumstance since the order was made. This principle is rooted in family law, which recognizes that the financial needs of children and the circumstances of the parents can evolve over time. A substantial change in circumstances might include a significant change in income for either parent, a change in the child's needs, or a change in the custody arrangement.

For instance, if the paying parent's income significantly decreases or if the child's medical or educational needs increase, these would be valid grounds to seek a modification of the support order. Courts generally require a showing of such changes to ensure that child support remains fair and appropriate based on the current realities of the family.

Other conditions mentioned, such as moving to another province or the child turning 18, do not, in themselves, provide a sufficient basis for altering a support order without additional context about the impact of those changes. The custodial parent's request is also not a standalone basis for changing the order, as the court will look for a demonstrated change in circumstances before making any decision to modify support obligations.

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