The applicant brought a motion regarding an unpaid equalization payment and sought a preliminary order that the respondent was not entitled to further relief due to his ongoing breach of a 2008 child support order.
The respondent had accumulated approximately $300,000 in child support arrears, claiming his obligation ended due to estrangement from the children, though he never sought to vary the order.
Applying the three-stage test for Rule 1(8) of the Family Law Rules, the court declined to exercise discretion in the respondent's favour.
The court ordered that the respondent's motion be dismissed unless he pays the arrears accumulated up to the children's 18th birthdays and commences a Motion to Change within 60 days.
