Chad Ouellette brought a motion for a declaration that no child support arrears were owed to his former wife, Lynne Ouellette (now Lynne Sawyer), and that he had overpaid.
Ms. Sawyer argued that Mr. Ouellette should be responsible for child support based on his former income, asserting that his failure to provide updated employment information disentitled him to a reduction.
She also sought to have a higher income imputed to him based on past earning potential and alleged "cash work." The court, after a trial, found Mr. Ouellette's evidence regarding his employment and cash earnings to be credible and rejected Ms. Sawyer's claims of imputed income as speculative and unsupported.
The court ordered that Mr. Ouellette's child support arrears be reduced to zero but found no evidence of overpayment.
No costs were awarded, as both parties' conduct contributed to the necessity of the trial.