SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Gunter v. Gunter , 2017 NSSC 357 Date: 2017-11-22 Docket: SFHMCA-028839 Registry: Halifax Between: Jason Gunter Petitioner v. Audrey Gunter Respondent LIBRARY HEADING Judge: The Honourable Justice Elizabeth Jollimore Heard: November 22, 2017

Summary: Variation application dismissed where applicant offered no evidence of any change in circumstances since the last order was made. Key words: Family, Child support, Variation Legislation: Parenting and Support Act , R.S.N.S. 1989, c. 160 THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Gunter v. Gunter , 2017 NSSC 357 ENDORSEMENT Jason Gunter v. Audrey Gunter SFHMCA-028839 November 22, 2017 Mr. Gunter seeks to vary the child support ordered in the parties’ September 2017 Consent Variation Order. Decision:

The variation application is dismissed: no material change in circumstances has been shown to have occurred since the Consent VariationOrder was granted in September 2017. Reasons: 1. Before I can consider an application to vary a child support order: Gordon v. Goertz, (S.C.C.) at para 13. Therequirements are: (

a) there must be a change in the children’s condition, means, needs or circumstances or the ability of the parents to meet thechildren’s needs; (

b) the change must materially affect the children; and (

c) the change was either not foreseen or could not have been reasonably contemplated by the judge who made the initialorder. 2. The burden of proving the material change rests on the person asking for the order to be changed: Mr. Gunter. 3. If there has been no material change proven, I do not have jurisdiction to vary the order. 4. Mr. Gunter has failed to prove there is a material change in circumstances which has occurred since the Consent Variation Orderwas negotiated in July 2017 and the Order was granted in September 2017. _____________________________ Elizabeth Jollimore, J.S.C.(F.D.)