What is the scope of the court's authority in a child support variation proceeding?
Ontario, Canada
The following excerpt is from Collins v Colling, 2017 ONSC 2232 (CanLII):
The powers of the court in a child support variation proceeding are very broad. The court can change the terms of the order, either prospectively or retroactively, and suspend or discharge the order, either in whole or in part, and on either a prospective or retroactive basis. The court’s authority with respect to arrears is similarly broad, and includes the power to rescind the arrears and interest owing either entirely or to reduce the amount of arrears payable. The powers of the court in a variation proceeding also include ordering appropriate set-offs (Campbell v. Chappel, 2006 CarswellNWT 28 (S.C.)).
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