What is the effect of an application for retroactive variation of a child support order?

The third concern arises from the manner in which this application was brought. Such matters usually come before the court by way of an application by a non-custodial parent for retroactive variation of a child support order, and/or cancellation of accumulated arrears. In those cases, the applicant bears a significant onus to prove that there has been a material and long-lasting change in circumstances justifying cancellation or reduction of arrears, and that it would be grossly unfair not to do so: Earle v. Earle, supra. As noted at the outset, in this case it is the mother who has brought an application for an order fixing the amount of arrears of child support. The husband’s counsel indicated his agreement to proceeding in this manner, as the parties felt it would expedite matters and serve to raise the issues which would ultimately need to be decided in any event. However, in making those comments, it is not clear to me whether the parties expect the application to be dealt with in the context of the principles set out in Earle v. Earle, as if the father had brought an application under s.17 of the Divorce Act. I wish to hear from them on this point as well.