What is the test for reducing or cancelling child support arrears?
British Columbia, Canada
The following excerpt is from D.A.M. v. V.M., 2007 BCPC 439 (CanLII):
In Earle v. Earle, supra, the principles that are to be applied in applications to reduce or cancel child support arrears as here are set out as follows: (a) the onus is on the applicant seeking to cancel arrears to show a significant and long-lasting change in circumstances; (b) the applicant must provide full financial disclosure under oath; (c) the significant change in circumstances must not be of the applicant's choice; (d) the applicant must show he or she has attempted to earn money but was unsuccessful; (e) there is a joint obligation on both parents to support the children; (f) child support is based not only on what the parent earns, but what the parent can earn; (g) courts are generally reluctant to reduce or cancel arrears and will not do so unless it is grossly unfair to not do so.
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