What factors will the court consider when retroactively reducing child support?

Ontario, Canada


The following excerpt is from Malleye v. Brereton, 2007 ONCJ 216 (CanLII):

[46] As to the seven factors set out in Vaughan v. Vaughan, supra, when considering a retroactive decrease of child support, the court finds the following: 1. There is a need on the part of the recipient and an ability to pay by the payor. 2. The payor will be required to incur further debt to maintain himself, but this is hardly a factor that trumps his primary obligation to pay child support. 3. [Not applicable] 4. Compliance with the outstanding order would not impose an unfair or unreasonable burden on the payor, as the court is not satisfied that the change in circumstances are due to circumstances beyond his control. 5. Declining to forgive arrears would not be in the nature of awarding spousal support. 6. [Not applicable] 7. The payor has acted in bad faith.

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