In a recent decision of the Family Court, a father succeeded in
obtaining orders to set aside a Binding Child Support Agreement
(BCSA) on the basis that his financial circumstances had been
significantly impacted due to COVID-19. However, the father was
unsuccessful in having his outstanding child support arrears
extinguished.
By way of background, the parties had entered into the BCSA in
2012, which provided that the father pay the mother the sum of
$1,350.00 per month with a yearly increase of 2%. At that time, the
father was earning in excess of $140,000.00 per year. After losing
his job, the father started a business in 2015. By 2016, the
father's business had financial difficulties and he applied to
the Court (for the first time) seeking orders to set aside the
BCSA. On that occasion, the judge did not set aside the BCSA, but
ordered that it be stayed (put on hold), and that the father pay
the mother a reduced amount of $580.00 a month until further order
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