What is the scope of the court's authority to change a child support order or adjust outstanding child support under subsection 37(2.1)?
Ontario, Canada
The following excerpt is from PREVOST v. PREVOST, 2017 ONSC 5825 (CanLII):
The powers of the court on an application to change a child support order or adjust outstanding arrears of child support under subsection 37(2.1) are broad. The court can change the terms of the order, either prospectively or retroactively, but can also suspend or discharge the order, either in whole or in part and on either a prospective or retroactive basis. The court's authority with respect to arrears is similarly broad and includes the power to rescind the arrears and interest either entirely or in part, or to reduce the amount of arrears payable: Cole v. Freiwald, supra, at para. 86.
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