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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96419
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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What cases could defeat a retroactive downward change in child

Customer Question

what cases could defeat a retroactive downward change in child support in Ontario when the payor did not provide financial disclosure in 2008 to 2014 and support had been ordered in 2006 at 1300 month until varied.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
Are you saying the payor is asking for a retroactive adjustment for all these years?And that he never provided disclosure?I assume he is in arrears, correct? So is he asking to have the arrears rescinded?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
(###) ###-####
Customer: replied 1 year ago.
He asserted in Nov 2009 that his new job would pay him less in 2010 than he had earned previously, so no child support should be owing. So no postdated cheques were provided as required in Dec, 2009. Wife asked for disclosure, only partial disclosure provided. In frustration, wife filed order with FRO in November 2013. Then he filed motion to vary the support agreement back to jan 2010, which would wipe out arrears except to the extent of 8,000. wife out 49 months at 1300 per month. only 4 years left in child support as both children in university. are there any cases in ontario dealing with retroactive date if simple notice of change in circumstances in Nov 2009, no full disclosure and no formal application to vary until 2014. will he get retroactive to jan 2009 or only back three years or prospective only. original order based on his income of 159 ooo in 2006, his income went up to 175,000 in 2007, (both disclosed) 370,000 in 2008 (severence from job in june 2008 (self employed in 2008 and 2009, 2010 and 2011, 2012) no corporate tax returns provided until 2014.
Expert:  Legal Ease replied 1 year ago.
Are you saying he started the motion back in November 2013 and this is still ongoing?And in the motion materials did he prove that his income was in fact lower?
Customer: replied 1 year ago.
Yes to both questions. There has been a material change in circumstances. Issue is how far back can it be made retroactive.
Expert:  Legal Ease replied 1 year ago.
It can go back all the way if he legitimately did not have to pay the support because his income was actually low to know fault of his own. If he was deliberately under-employed then the Court would impute income. The court would not necessarily only go back three years. The three years you may have read about is when someone is asking for back support.

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