Shannon Michelle Burkinshaw

Maurice Bartley, the payor, brought a motion to change a child support order, seeking retroactive variation and rescission of arrears.

The original order, made in default, imputed income and set support, arrears, s.7 expenses, and costs.

The court, applying the Colucci framework, denied rescission of pre-existing arrears due to lack of participation and insufficient prior financial disclosure.

However, acknowledging a material change in circumstances (medical conditions), the court prospectively varied child support based on a deemed income of $25,000/year, reducing it to $199/month from March 1, 2022.

The court also adjusted payment schedules for pre-existing arrears ($100/month) and costs ($50/month), and stayed s.7 expenses.

A default clause was included, making all arrears and costs immediately due if three consecutive payments are missed.

The applicant, Terry Korczynski, brought a motion to retroactively and prospectively vary a child support order from 2007, seeking rescission of arrears.

The court found a material change in circumstances due to the applicant's significant and sustained income reduction, attributed to bipolar affective disorder.

Applying the D.B.S. principles, the court determined that arrears should be rescinded from 2011 and future child support set to zero, as the applicant was unable to pay.

The respondent's request to transfer property to satisfy arrears was denied.