The respondent father brought a motion to vary child support and reduce arrears accumulated under a final order requiring him to pay $375 per month.
The applicant mother opposed the motion.
The court found that while the father experienced a material change in circumstances by May 2009 (unemployment following layoffs), he was intentionally underemployed from May 2009 through May 2014.
The court imputed an annual income of $41,600 to the father based on his earning capacity as a certified drywall finisher, maintaining his support obligation at $375 per month for the retroactive period.
The court reduced arrears by $5,000 and ordered the father to repay remaining arrears at $500 per month, increasing to $675 per month following the child's adoption by the mother's new partner.
