J.M.L. v. A.R.L.

Parties

Procedural Posture

Family Law Variation of Child Support and Cancellation of Arrears Under the Divorce Act / Hearing on Application to Vary Support and Cancel Arrears (motion/decision)

Legal Issues

1. 1 Whether the court may cancel arrears that accrued prior to the February 19, 2001 order
2. 2 Whether the defendant's changed financial circumstances since February 2001 justify variation of ongoing support and cancellation of arrears accrued since that date
3. 3 Appropriate calculation of guideline income and resulting support obligation since February 2001

Ratio Decidendi

The court was constrained by Divorce Act s.17(4) to consider only changes since the February 19, 2001 order; the defendant's reduced earning capacity post-2001 justified reducing ongoing support to guideline income based on current income ($13,200/yr -> $219/month) and cancelling arrears that accrued after February 19, 2001, but the court would not cancel arrears that had accrued prior to that date and fixed those pre-2001 arrears at $30,424 to be paid from the sale proceeds held in trust.

Court Disposition

Application granted in part and dismissed in part

Orders

• Ongoing child support fixed at $219 per month based on guideline income of $13,200 per year.
• Arrears that accrued since February 19, 2001 are cancelled, including default fees and interest for that period.