What is the evidentiary requirement on an application to discharge arrears?
Saskatchewan, Canada
The following excerpt is from Malcolm v. Chabot, 2004 SKQB 514 (CanLII):
The evidentiary requirement on an application to discharge arrears is outlined in Snider v. Kennedy (1994), 1994 CanLII 5154 (SK QB), 118 Sask. R. 178 (Q.B.) where the court said an applicant must produce full income disclosure for the period under review. Failure to do so will result in the application being peremptorily dismissed. Income tax returns must be submitted, even for years where no taxable income is received, because a party entitled to support has the right to know that the support payor has represented the same state of affairs to the tax authorities. The applicant has not met the required onus. He has produced partial returns only for the 1999 and 2000 taxation years.
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