The applicant brought a motion to change a child support order made by Justice Maresca on July 16, 2012, which required him to pay $508.00 per month based on an annual income of $35,000.
The applicant sought to vary the order based on a material change in circumstances, claiming his actual income was significantly lower, and requested a reassessment for alleged overpayments in 2013 and 2014.
The court found that the applicant's actual income had consistently been approximately $12,000 to $13,000 annually, not $35,000 as originally stated.
The court granted the motion and varied the child support to $333 per month based on a minimum wage income of $22,000, effective from the date of the original order.
The court declined to order reimbursement for overpayments, finding it would not be in the children's best interests.
