The respondent (father) brought a motion to change a child support order dated November 14, 2002, seeking to rescind all arrears or fix them at $15,000 with ongoing support at $40 per month.
The applicant (mother) and the assignee (Regional Municipality of Peel) opposed the motion.
The father had accumulated $175,375.51 in arrears.
The court found the father had deliberately avoided his support obligations through financial manipulation, siphoning funds from his business with his brother, and providing inadequate financial disclosure.
While acknowledging changes in circumstances (business closure, public assistance, physical disabilities), the court found the father remained deliberately under-employed and had not provided adequate medical evidence of incapacity.
The court reduced arrears to $135,000 and set ongoing support at $303 per month based on imputed income of $35,000 per annum (including CPP and OAS).
