Maurice Bartley, the payor, brought a motion to change a child support order, seeking retroactive variation and rescission of arrears.
The original order, made in default, imputed income and set support, arrears, s.7 expenses, and costs.
The court, applying the Colucci framework, denied rescission of pre-existing arrears due to lack of participation and insufficient prior financial disclosure.
However, acknowledging a material change in circumstances (medical conditions), the court prospectively varied child support based on a deemed income of $25,000/year, reducing it to $199/month from March 1, 2022.
The court also adjusted payment schedules for pre-existing arrears ($100/month) and costs ($50/month), and stayed s.7 expenses.
A default clause was included, making all arrears and costs immediately due if three consecutive payments are missed.
