What is the one year rule in child support?

Whatever uncertainty might surround the validity of the one-year rule in respect of arrears of spousal support, it disappears when it comes to child support. The rule does not exist when dealing with arrears of child support: see Filipich v. Filipich, ibid. Certainly there is a discretion to restrict the extent to which a court will enforce payment of child support arrears, but there is no rigid formula: see Filipich v. Filipich, ibid.

In the absence of some special circumstance, arrears of child support should not be reduced or rescinded unless the court is satisfied, on a balance of probabilities, that the payor-parent has neither the current, nor the future, ability to pay the arrears: see Haisman v. Haisman, supra, at 11. In that case, it was further said at p. 15: Is delay by the custodial parent in attempting to collect arrears of child support otherwise relevant on an application for a variation of the child support order? In my view, it is not… I do not think that either parent or child should be penalized because for a period of time no attempt is made to enforce a maintenance order, even if it is for a long period of time. Nor do I think the non-custodial parent has waived his or her rights under the order. A failure to enforce a child support order without more is not evidence of waiver.

Additionally, even if a payee-parent intends not to enforce a child-support order, this intention is not binding upon the child. Support is the right of the child: see Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 7 R.F.L. (3d) 304 (S.C.C.), at 312.