What is the duty of a party seeking reduction or cancellation of arrears?
British Columbia, Canada
The following excerpt is from Deuling v. Ketchum, 2016 BCSC 824 (CanLII):
There is a heavy duty on the party asking for a reduction or cancellation of arrears to show that there has been a significant and long lasting change in circumstances. Arrears will not be reduced unless it is grossly unfair not to do so. If arrears are not reduced or cancelled, the court can order a payment plan over time if it is convinced that the arrears cannot be paid right away: Earle v. Earle, 1999 BCSC 283 at para. 46.
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