What is the test for reducing child support arrears?

British Columbia, Canada


The following excerpt is from D.M.H.P. v R.J.C.P, 2018 BCSC 1755 (CanLII):

I have specifically considered the father’s submissions, set out at para. 36, that his child support arrears should be reduced to zero. As noted in Ohlsen v. Chester 2016, BCSC 605 at para. 12: [b]efore cancelling arrears, a court must conclude that maintaining the arrears is so unfair that it would serve to impose an injustice on the payor which the court could not countenance.”

Other Questions


Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
How has the court dealt with an application to cancel or reduce child support arrears? (British Columbia, Canada)
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.