Part 2: Colucci v. Colucci , June 2021 SCC 24 (CanLii): Child support issue
8 July 2022
Principle of retroactive decrease applied to this The mother appealed that decision to the Ontario Court case of Appeal, which overturned the lower court decision and In this case, the father tried to seek a retroactive decrease ordered the father to pay his original debt of $170,000. [...] This case gave the Supreme Court the opportunity to establish a framework for courts to follow when a parent The Supreme Court noted that a parent who tries to retroactively decrease child support to reflect a has established a past decrease in income is not past reduction in income under section 17 of the Divorce automatically entitled to a retroactive decrease of Act. [...] The Court concluded that the father had not proved that he could The Court said the father failed to communicate or seek not pay now or in the future, even with a flexible payment a change of the support order for 18 years. [...] As a result of the Court’s decision, the father will be required to pay the mother the child support owed, In this unanimous decision, all judges of the Supreme approximately $170,000. [...] It then stated that, “Parents should be interpretation reviewed by that Court in relation to the encouraged - absent family violence or significant power interpretation of the child support provisions of the FLA imbalances – to resolve dispute themselves outside the apply equally to the interpretation of the family violence court structure...” (emphasis ours).