What is the impact of economic factors in determining whether to rescind or change child support?
Ontario, Canada
The following excerpt is from Maltese v. Choghri, 2016 ONCJ 48 (CanLII):
[115] The court recognizes that the father is responsible, to a great extent, for his own economic circumstances. This is a factor in determining whether to rescind arrears or change ongoing support. See: Rogers v. Rogers, 2013 ONSC 1997. It is apparent that in 2001 and 2002, the father felt economic walls closing in on him. He was already paying support to his wife and their children. His business owed money to creditors. There had been a reassessment of his business’ taxes. He was now facing child support claims from two more mothers. The father had options. He could have refinanced his personal and business assets and met his support obligations. Instead, the father chose to close the business and actively avoid his obligations.
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