Feb 17, 2021

Family Law: Recalculation of Arrears

Colucci v. Colucci, 2019 ONCA 561 (CanLII)
The Applicant and Respondent were married in 1983 and divorced in 1996. They had two children. The parties’ divorce judgment, dated May 1996, provided for custody of the children to the Respondent and required the Applicant to pay child support in the amount of $115 per week per child. The Applicant’s child support obligations ended in 2012. By 2012, the Applicant had fallen into substantial arrears and his taxable income was in decline from 1997 onwards. The child support arrears with interest totalled more than $170,000. In 2016, the Applicant brought a motion to retroactively vary the child support and to fix the arrears of child support, if any, and determine the payments on those arrears in accordance with his income. The motion judge recalculated and reduced the arrears owing to $41,642. The C.A. allowed the appeal in part and set aside the paragraph of the motion judge’s order which reduced the arrears owing. The Applicant’s cross-appeal from the costs award was dismissed.