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Conducting a variation of retroactive support analysis

By Andrew Feldstein

In this recent decision from the Ontario Court of Appeal, the court provides a useful and much-needed reminder with respect to the proper framework for conducting a variation of retroactive support analysis. As a note for family law litigants and practitioners, this case serves as a reminder that establishing a material change in circumstances is only the first hurdle to meet when attempting to reduce support arrears, and that the party seeking such relief must establish either that they are unable, and will never be able, to pay the arrears, or that the arrears have accrued as a result of a change in the payor’s circumstances. Even if either of those scenarios can be established, the court must conduct a thorough analysis to determine the appropriate effective retroactive date and quantum of support. Read More at Feldstein Family Law Group Blog

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