The respondent successfully applied to vary a support order, resulting in the waiver of almost $200,000 in child and spousal support arrears upon payment of $1,000.
The appellant appealed.
The Court of Appeal allowed the appeal, finding the application judge erred in principle by waiving the arrears based almost entirely on the respondent's unsupported representation of his inability to pay, despite a record showing contested property interests, no medical evidence of disability, and a history of non-compliance.
