He struggled with addiction, mental health, and homelessness after the accident
The BC Supreme Court has granted cancellation of child support arrears for a father who broke his hands in a workplace accident.
In Weichel v. Mazzucco, 2023 BCSC 2269, 61-year-old Michael Mazzucco, a former maintenance supervisor, sought to reduce or cancel arrears of child support following a life-altering workplace accident in 2004. The claimant, Celina Weichel, opposed any reduction in the arrears.
The couple, who separated in 1995, shares a son, Cole, who was born in 1996. Mazzucco never lived with or had parenting time with Cole. The interim order made in 1996 required him to pay $400 per month in child support, which later accumulated to arrears. His financial situation took a drastic turn after a workplace accident in 2004. He broke both of his hands at work, and his right hand required surgery.
Court documents revealed that Mazzucco struggled with heavy drinking, drug addiction, depression, homelessness, and legal issues after the workplace accident. Despite these challenges, he initiated the process to reduce arrears but faced obstacles due to limited legal knowledge.
Mazzucco’s recent application relied on s. 152 and s. 174 of the Family Law Act, considering changes in circumstances, lack of financial disclosure, and evidence of hardship. Mazzucco presented medical records, letters from doctors, and a letter from his general practitioner outlining his mental and physical health challenges.
The BC Supreme Court acknowledged Mazzucco's past material change in circumstances but noted the lack of effective notice to the claimant until 2022, rendering his application under s. 152 unsuccessful. The case was then considered under s. 174, focusing on whether it would be grossly unfair not to reduce or cancel the arrears.
The court considered Mazzucco's inability to pay due to his medical conditions and limited income. However, the claimant argued that his locked-in retirement account (LIRA) and WorkSafe BC retirement benefit could cover the arrears in the future. The court clarified that these funds were inaccessible until Mazzucco turned 65 and emphasized the stringent standard for cancelling arrears.
Ultimately, the court ruled in favour of Mazzucco, citing his catastrophic injury, ongoing health issues, and financial struggles as exceptional circumstances warranting cancellation of the arrears, including interest, in their entirety.
