What is the test for a partial rescission of arrears under a child support order?
Ontario, Canada
The following excerpt is from Long v. Miller, 2019 ONSC 156 (CanLII):
As explained in Difrancesco v. Couto, supra, an applicant’s failure to make any voluntary efforts at compliance is a factor that militates against even partial rescission of arrears. Wilful non-compliance with the terms of a support order should not be condoned or rewarded by the court.
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