What is the test for cancelling arrears of child support?
British Columbia, Canada
The following excerpt is from Beninger v. Beninger, 2009 BCCA 145 (CanLII):
This reasoning was adopted in Lambright v. Brown, 2003 BCCA 621, 189 B.C.A.C. 307, in the context of an order cancelling arrears of child support. The circumstances in that case involved a negotiated agreement between the parents of two children after custody of the children changed from the mother to the father. The agreement was incorporated into a consent order. When the children were still in the mother’s custody, the father was ordered to pay child support but fell into arrears. The subsequent consent order, in addition to awarding the father custody of the children, contained a declaration that the father owed no arrears of child support and dismissed his application for child support “as though there had been a trial on the merits.” Several months later, after the change in custody, the father applied for child support. He framed the application as a variation of the consent order.
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