Supreme Court of Canada sides with mother seeking unpaid child support

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Tulips bloom outside the Supreme Court of Canada in Ottawa on May 24, 2019.Sean Kilpatrick / The Canadian Press

The Supreme Court of Canada has dismissed the appeal of a man who was ordered to pay $ 170,000 in child support after falling seriously behind in his obligations.

In a ruling today, the High Court unanimously said Felice Colucci is on the verge of paying the money despite his claim that the amount should be much lower.

Colucci and his wife Lina divorced in 1996 after 13 years of marriage, and the mother assumed custody of two daughters, who were eight and six at the time.

The father was required to pay $ 115 per week per child in child support, but two years later he applied for a reduction on the grounds that his income had declined, although he provided no proof.

In 2016, the man’s child support arrears with interest were approximately $ 170,000.

A judge reduced the arrears owed to $ 41,642 in accordance with the father’s lower income as well as federal child support guidelines introduced after divorce, but the Ontario Court of Appeal overturned the decision.

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