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In a recent decision, Colucci v Colucci, 2021 SCC 24 (“Colucci”), the Supreme Court of Canada (“SCC”) clarified the appropriate framework for applications made under s. 17 of the federal Divorce Act. Under this section, parties can apply to the court for a retroactive adjustment to child support, or for the cancellation of unpaid child support based on a current and ongoing inability to pay.
  • Family Law
Child Support: The Supreme Court of Canada’s guide to retroactive adjustments & the forgiveness of arrears
Laurence S. Klass

In a recent decision, Colucci v Colucci, 2021 SCC 24 (“Colucci”), the Supreme Court of Canada (“SCC”) clarified the appropriate framework for applications made under s. 17 of the federal Divorce Act. Under this section, parties can apply to the court for a retroactive adjustment to child support, or for the cancellation of unpaid child support based on a current and ongoing inability to pay.

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