What is the effect of a change in circumstances during the time that child support arrears began to accrue?

Ontario, Canada


The following excerpt is from Caine v. Ferguson, 2012 ONCJ 139 (CanLII):

[38] Where the child support payor can establish a change in circumstances during the time that arrears were accumulating, which rendered them unable for a substantial period of time to make the full amount of the child support payments, the court may provide relief to the payor in a later proceeding to vary the child support order or rescind arrears. See: Corcios v. Burgos, supra. I have taken into consideration that it is more probable than not that the respondent was only capable of earning in the range of a minimum wage income from the time that support began to accrue. I also considered that he had the opportunity to provide the court with this information during the initial application and chose not to do so.

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