The respondent father brought a motion to change a final child support order made in October 2015, seeking to reduce ongoing child support to zero and to rescind accumulated arrears of approximately $91,000.
The applicant mother sought to dismiss the motion and strike the father's pleadings due to his failure to comply with financial disclosure orders.
The court found that while the father had established a change in circumstances following an Achilles tendon injury in July 2015, he had failed to provide adequate financial disclosure to support his claims.
The court declined to strike the pleadings due to the high threshold in family law cases involving access issues, but proceeded on the documentary record.
The court found the father capable of earning minimum wage income from his painting business and imputed income accordingly.
The court fixed total arrears at $48,862 and ordered ongoing child support of $604 per month for three biological children, with arrears to be paid at $250 per month.
