The applicant mother brought a motion to change child support and sought to fix arrears dating back to January 1, 2015.
The respondent father argued that arrears should only be calculated from June 2016, when the mother first raised the issue.
The court applied the fourfold test from D.B.S. v. S.R.G. and determined that the effective notice date was June 2016, not January 1, 2015.
The court found no blameworthy conduct by the father, who had complied with all court orders and provided income information to the mother.
The court fixed arrears at $10,259.13 from June 1, 2016 to February 28, 2018, to be paid at $350 per month.
The court declined to order the father to pay for orthodontic treatment as a section 7 expense due to insufficient information regarding necessity and reasonableness.
