Does the Court have Jurisdiction to Vary Child Support when Children are No Longer “Children of the Marriage”?

The Ontario Court of Appeal, in Colucci v Colucci, has clarified the issue of whether courts have jurisdiction to vary or discharge child support when the children are no longer “children of the marriage.” Previous Caselaw Up until now, many cases followed the Supreme Court of Canada case S. (D.B.) v G.(S.R.), where the Court held there was no jurisdiction to vary child support under section 15.1(1) of the Divorce Act. However, a line of conflicting cases follows Buckingham v Buckingham, which held the test for jurisdiction to vary differs from the test for jurisdiction to make an original order under s15.1(1). Colluci v. Colluci In Colluci, the father was in arrears in his child support of more than $175,000 when both his children ceased to be children of the marriage. Since then, the father worked as an unskilled labourer with a declining income. The father brought a motion to change the child support order retroactively and have his arrears rescinded on the…

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