Our experienced and respected BC Cancel Support Arrears Lawyers know that the Divorce Act and Family Law Act Section 174 allows applications to reduce or cancel spousal support arrears if it would be “grossly unfair” not to do so which is a very stringent standard for cancelling or reducing arrears. Click here to see a massive success we had opposing arrears cancellation. MacLean Law as 5 offices across BC in Vancouver, Surrey, Fort St John, Kelowna and Richmond as well as our flagship downtown Calgary office in Alberta. You can reach us toll free to set up an appointment at 1-877-602-9900.
Don’t Delay Say BC Cancel Support Arrears Lawyers
Our BC Cancel Support Arrears Lawyers also know when you lose your job or suffer a pay cut you often are in a state of shock and are just trying to make ends meet. Some of you explain to your former spouse you can’t pay but they often refuse to accept it. Some people procrastinate because they don’t want to get legal expertise to protect them because it costs money. One thing our BC Cancel Support Arrears Lawyers know is that courts expect a prompt court application to correct spousal and child support or you will face a very difficult time getting things fixed and arrears cancelled.
BC Cancel Support Arrears Lawyers 1-877-602-9900
Where a payor has a bona fide reason for not paying the amount provided in the order, such as where their employment was reduced, they SHOULD PROMPTLY seek a variation of the order from the court under section 167. In this case, the court may, if appropriate, make a reduction of support retroactive to avoid arrears accruing.
As stated in the oft cited arrears case of Earle v. Earle.
[21] The cancellation or reduction of arrears of maintenance is a form of variation. There are two points that have to do with arrears that should be kept in mind.
a. Significant Change
[22] Because cancellation or reduction of arrears is a form of variation, there is a substantial onus (a heavy duty) on the person asking for a reduction or a cancellation of arrears to show that there has been a significant and long lasting change in circumstances.
[23] The courts are generally reluctant to reduce or to cancel arrears. Under the Family Relations Actarrears will not be reduced or cancelled unless it is grossly unfair not to do so. This principle is similar to the one applied to the Divorce Act, which requires a material and long lasting change.
b. Postponement of Payment or Payment over Time
[24] The second important point is that just because the arrears are not cancelled does not mean that they have to be paid right away. The court has the right to postpone payment for a reasonable period of time or make reasonable terms for payment, if it seems appropriate, taking into account all the circumstances of a case, including the present financial circumstances of the person required to pay. This would only be done when there has been a complete disclosure of the financial situation of the person asking for a postponement of payment or to pay over time.
BC Cancel Support Arrears Lawyers Explain How The Law Works
The decision in Earle provides a tight summary of the law which persons or BC Cancel Support Arrears Lawyers must follow to be successful in an application to vary spousal and or child support downward or to even cancel support entireey.
[46] These basic principles can be summarized this way:
1.Maintenance Generally
a.Parents have a joint and ongoing legal obligation to support their children.
b.It is the child, not the other parent, who has the right to maintenance.
c.The payment of maintenance is based on not just what a parent does earn but what a parent can earn.
2.Variation
a. There has to be a material change of circumstances, a change that is significant and long lasting.
b. A change to the Guideline amount is not automatic.
3. Arrears
Basic Principles
a. There is a heavy duty on the person asking for a reduction or a cancellation of arrears to show that there has been a significant and long lasting change in circumstances. Arrears will not be reduced or cancelled unless it is grossly unfair not to do so.
b. If arrears are not reduced or cancelled, the court can order a payment plan over time if convinced the arrears cannot be paid right away.
Examples
a. Arrears will only be cancelled if the person is unable to pay now and will be unable to pay in the future.
b. A reduction or a cancellation requires detailed and full financial disclosure, under oath (usually in the form of an affidavit) that at the time the payments were to be made:
i.the change was significant and long lasting and
ii.the change was real and not one of choice and
iii.every effort was made to earn money (or more money) during the time in question, and those efforts were not successful.
c. Responsibility for a second family cannot relieve the parent of his or her legal obligation to support the first family.
d. Delay in enforcement is generally not a legal basis to cancel or reduce child support arrears.
e. Judges will not cancel arrears because the other party gets a lot of money at once. Otherwise, people would be encouraged to not pay maintenance and rewarded for not paying maintenance.
f. Judges will not cancel arrears because the children were looked after in spite of the non payment.
g. Nor will judges cancel arrears because the children no longer need the money. The children should be compensated for what they missed.
h. An agreement between parents that the maintenance for the children does not have to be paid will not be considered
i. Lack of access between a parent and child is not a legal reason to reduce or cancel arrears.
j. Judges will not reduce or cancel arrears because other money has been spent to buy things for the children.
k. The fact that a person did not have legal advice when the order was made or during the time when the arrears added up, is not, by itself, a reason to reduce or cancel arrears.
Call our BC Cancel Support Arrears Lawyers Now If You Have Lost Your Job or Have A Lower Income at 1-877-602-9900
