The father brought a motion to change a 2018 final order for child support, seeking a retroactive and prospective reduction based on his enrollment in a college program and receipt of OSAP funding.
The mother opposed the reduction and brought a cross-motion seeking an increase in support based on the current minimum wage.
The court applied the framework from Colucci v. Colucci and found that neither party established a material change in circumstances.
The court held that the father's transition from social assistance to OSAP funding did not demonstrate a decrease in his earning capacity below the minimum wage imputed in the original order, nor did it establish an increase in capacity to justify the mother's request.
Both the motion and cross-motion were dismissed, and the original child support order remained in effect.
