The appellant appealed an order dismissing his motion to vary a final child support order and rescind arrears.
The original order imputed an income of $30,000, but the appellant provided uncontradicted evidence that he had not held employment since 1998 due to severe depression and was receiving disability benefits.
The Divisional Court found that the motions judge made a palpable and overriding error by ignoring this material change in circumstances and relying on the respondent's unsworn statements.
The appeal was allowed, arrears were reduced to $15,240, and ongoing support was reduced to $161 per month.
