Can a judge vary or rescind a child support order to reduce or eliminate arrears?

Alberta, Canada


The following excerpt is from L.J.B. v. L.R.B., 2003 ABQB 589 (CanLII):

Haisman v. Haisman, 1994 ABCA 249 (CanLII), [1994] A.J. No. 553 (C.A.) decided at para. 27 as follows: In short, in the absence of special circumstance, a judge should not vary or rescind an order for the payment of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance of probabilities that the former spouse or judgment debtor cannot then pay, and will not at any time in the future be able to pay, the arrears. [Underlining Mine]

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