What factors will a court consider when determining whether to remit arrears under a maintenance order?
Saskatchewan, Canada
The following excerpt is from Cain v. Cain, 1993 CanLII 8903 (SK QB):
The factors taken into account by a court when considering whether to remit arrears were canvassed in Pilcher v. Pilcher, [1956] 1 All E.R. 463 (D.C.). In deciding to remit arrears, the court held it should: "(a) assess if any arrears had accumulated during a time period in which the spouse thought the maintenance order was not in effect; (b) impose a retrospective time limit of approximately one year; (c) enforce only a sum which the spouse can pay rather than going to prison."
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