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Applying the D.B.S. principles, the court determined that arrears should be rescinded from 2011 and future child support set to zero, as the applicant was unable to pay.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

In a family trial between unmarried parents, the court awarded sole custody to the mother and continued a structured access regime for the father after finding the mother had been the primary caregiver and that the parties' communication difficulties made joint custody inappropriate.

Applying the best interests analysis under s. 24 of the Children's Law Reform Act, the court emphasized the children's stability and the father's comparatively limited independent parenting role.

On child support, the court averaged the father's seasonal employment income and imputed one half of his non-taxable monthly structured settlement annuity as income because the evidence showed the annuity was used for ordinary living expenses rather than ongoing accident-related care.

Child support was fixed at $693 per month, with s. 7 expenses apportioned 82.5% to the father and 17.5% to the mother.

The applicant father sought termination of child support and reimbursement of alleged overpayments after both adult children had ceased to be eligible for support.

The court found that both children were no longer entitled to support as of November 2006 and that the respondent mother, who was aware of this, had continued to receive payments.

Applying principles of retroactive support and fairness, the court held that a parent aware that support obligations have ended must act on that knowledge.

The father had continued paying $211 per month until April 2013, resulting in $16,036 in overpayments.

The court ordered termination of support effective October 2006 and directed that the Family Responsibility Office recover the overpayment from the respondent.