The applicant brought a motion to vary a 1997 consent order that had found the respondent to be the father of the child but required no child support due to the respondent’s inability to pay.
The applicant sought retroactive child support for three years prior to the motion and a contribution to the child’s post‑secondary education expenses.
The court found the original order contemplated support once the respondent became able to pay and that the respondent had failed to notify the applicant of changes in his financial circumstances as required.
While the court accepted retroactive support, it reduced the table amounts due to the respondent’s obligations to support multiple other children and the hardship that full table payments would create.
The respondent was ordered to pay reduced retroactive and ongoing child support until April 2016 and to contribute to post‑secondary expenses, along with partial indemnity costs.
