What is the test for rescission of or reduction of child support arrears?

As stated in Cole v. Freiwald, supra, the conduct of the child support payor, including whether he or she: • has made any voluntary payments on account of arrears, • has cooperated with enforcement agencies in addressing the issue of child support, • has kept the recipient fully apprised of the changes in his or her circumstances over time as these changes occurred, • has complied with obligations and requests for financial disclosure to the child support recipient in an effort to address the child support issue, and any evidence respecting his or her willingness to support the child or alternatively, to avoid his or her child support obligation is a consideration. Behaviour that indicates wilful non-compliance with the terms of the order or failure to work cooperatively to address the child support issue is a factor that militates against even partial rescission of or reduction of arrears: Cole v. Freiwald, supra, at para. 128.