Dr. Kyle Hampe

The applicant, Terry Korczynski, brought a motion to retroactively and prospectively vary a child support order from 2007, seeking rescission of arrears.

The court found a material change in circumstances due to the applicant's significant and sustained income reduction, attributed to bipolar affective disorder.

Applying the D.B.S. principles, the court determined that arrears should be rescinded from 2011 and future child support set to zero, as the applicant was unable to pay.

The respondent's request to transfer property to satisfy arrears was denied.