The applicant sought to retroactively vary a divorce judgment requiring monthly spousal support and to rescind accumulated arrears exceeding $300,000.
The court held that a variation requires proof of a material change in circumstances and applied the definition from Willick v. Willick.
The evidence established that since 2005 the applicant’s income was minimal and he lacked the ability to pay ongoing support, justifying a reduction of support to zero effective January 2005.
However, due to inadequate disclosure and lack of evidence regarding earlier years, the court declined to vary the order prior to that date.
Arrears accumulated between January 2005 and October 2012 were eliminated, while earlier arrears remained owing.
