The applicant mother and the City of Toronto (assignee of child support) brought a motion to change a child support order, seeking to increase support based on imputed income of $80,000.
The respondent father sought to rescind arrears accumulated from September 2013 to July 2016, claiming he had no legal work status during that period and therefore could not work.
The court found a change in circumstances based on the unexpected length of time required to obtain a work permit.
The court partially rescinded 15 months of arrears ($2,550) but found the father intentionally unemployed after January 2017 and imputed income at $31,200 until September 2017, then $48,000 thereafter.
The father was ordered to pay child support of $259 monthly until September 2017, then $433 monthly, plus arrears and costs payments.
