What is the onus of proof for a motion seeking to reduce or rescind all of the arrears of maintenance for child support?

Alberta, Canada


The following excerpt is from D.E.S. v. S.L.S., 1988 CanLII 3870 (AB QB):

The party seeking a reduction or the rescinding of all of the arrears of maintenance for child support bears a particularly heavy onus of proof to justify his position. The general policy that outstanding Court orders should be respected is normally applied strictly in the case of maintenance orders for the support of children especially where the party responsible has assets and the means to meet such obligation. This is clearly stated by our Court of Appeal in the recent case Hubick v. Hubick, supra.

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