MAINTENANCE AND SUPPORT - Child support - Practice and procedure - Courts - Jurisdiction - Orders - Variation or amendment of orders - Reduction or rescission of arrears

Law360 Canada ( December 7, 2017, 8:28 AM EST) -- Appeal by the father from a decision dismissing his application to vary a child support order on the basis that the Court had no jurisdiction under s. 17(1) of the Divorce Act (Act) to vary or discharge child support arrears where the application was brought after children were no longer children of the marriage. The appellant had accrued over $175,000 in arrears by the time both children were over 18 years old and were no longer children of the marriage. He brought a motion to change the order retroactively and to have his arrears rescinded on the ground that there had been a change in circumstances due to a decline in income. . . .
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