Back in 1997 I wrote an article for this web site where I addressed the question: Can child support arrears be cancelled?" I have now updated that article. It is interesting that the 1996 Ontario Court of Appeal case that I cited back then, is still referred to in the more recent cases. If changing child support is of interest to you, then click here for quick transport to the now revised and updated page at my web site.
I don't like Separation Agreements. Many would surely disagree. In my view, Separation Agreements are not always that easy to enforce. It is much better to have a court order, especially if you seek to enforce a parenting plan. While the provincial government has a government agency mandated to enforce support orders, no similar agency exists with respect to enforcing parenting provisions. So, I don't like Separation Agreements.
Your income increased over the years. That does not mean that you will definitely be required to retroactively adjust upwards your child support payments. Many people believe that if your income has gone up, then a retroactive adjustment simplistically and automatically follows. Keown v. Mainer (Man. Q.B.) reminds us that the analysis here is much more nuanced. A careful reading of the Supreme Court of Canada decision of S. (D.B.) v. G. (S.R.) (known as "D.B.S." for short which is extensively referenced in Keown v. Mainer, assists in the analysis. To help one understand the factors at play, read Keown v. Mainer. If you are a really keen investigator, then try to read D.B.S.. This blog post can be your basic introduction to the retroactive child support issue.