In the absence of some special circumstance, arrears of child support should not be reduced or rescinded unless the court is satisfied, on a balance of probabilities, that the payor-parent has neither the current, nor the future, ability to pay the arrears: see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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.