Spousal Support Arrears - Revision history

Nate Russell: /* Collecting arrears of support */

2025-04-02T20:56:18Z

Collecting arrears of support

← Older revision		Revision as of 20:56, 2 April 2025
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	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information at the website of the [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information at the website of the [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada. You can also read the sections on [[Enforcing Supreme Court Family Law Orders]] and [[Enforcing Provincial Court Family Law Orders]] in the litigation-related chapters.

	===Separation agreements===		===Separation agreements===

Nate Russell: Clicklaw directory link edit

2024-08-27T17:50:15Z

Clicklaw directory link edit

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	* [https://www.bcfma.ca BC Family Maintenance Agency website] (formerly FMEP)		* [https://www.bcfma.ca BC Family Maintenance Agency website] (formerly FMEP)
	* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]		* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]
	* [https://www.clicklaw.bc.ca/global/search?f=Family+law%7c1160&so=v Spousal support resources on Clicklaw]

Nate Russell: Clicklaw directory link edit

2024-08-26T23:36:07Z

Clicklaw directory link edit

Show changes

Nate Russell: From staging 2024

2024-01-15T22:13:26Z

From staging 2024

Nate Russell: From staging July 2022

2022-07-14T17:59:18Z

From staging July 2022

Show changes

Nate Russell: /* Cancellation or reduction of (proper) arrears */

2019-07-18T05:58:24Z

Cancellation or reduction of (proper) arrears

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	<blockquote><tt>(4) If a court cancels arrears under this section, the court may cancel interest that has accrued, under section 11.1 of the ''Family Maintenance Enforcement Act'', on the cancelled arrears if satisfied that it would be grossly unfair not to cancel the accrued interest.</tt></blockquote>		<blockquote><tt>(4) If a court cancels arrears under this section, the court may cancel interest that has accrued, under section 11.1 of the ''Family Maintenance Enforcement Act'', on the cancelled arrears if satisfied that it would be grossly unfair not to cancel the accrued interest.</tt></blockquote>

	~~The courts have interpreted "gross unfairness"~~ under the ''Family ~~Relations~~ Act'' to ~~mean that the payor is not only incapable of repaying~~ the arrears ~~but is also unlikely to be able to repay them~~ in the ~~foreseeable~~ future ~~without suffering severe financial hardship~~.		In general, under the ''[[Family Law Act]]'', arrears will only be cancelled if a payor can show they are unable to pay the arrears "now and in the future": ''[http://canlii.ca/t/gmc40 MacCarthy v. MacCarthy]'', 2015 BCCA 496.

	If you are asking the court to make an order of reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears, ~~and you~~ must be prepared to address the criteria set out in section 174(2).		If you are asking the court to make an order of reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears. You must be able to show evidence that supports the conclusion that not only can you not pay the arrears at present, but also in the future. You must also be prepared to address the criteria set out in section 174(2).

	*What efforts have you made to pay the spousal support you were required to pay?		*What efforts have you made to pay the spousal support you were required to pay?
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	*Are there any other circumstances, such as catastrophic business losses or the unintended loss of your employment, or new financial obligations in relation to your family that the court should take into <span class="noglossary">account</span>?		*Are there any other circumstances, such as catastrophic business losses or the unintended loss of your employment, or new financial obligations in relation to your family that the court should take into <span class="noglossary">account</span>?

	Be prepared to provide to the court a Financial Statement (Form F8 in the Supreme Court and Form 4 in the Provincial Court) summarizing all of your assets and income, liabilities and expenses, if you intend to show the court that you cannot pay your arrears. Complete financial disclosure is absolutely essential.		Be prepared to provide to the court a Financial Statement (Form F8 in the Supreme Court and Form 4 in the Provincial Court) summarizing all of your assets and income, liabilities, and expenses, if you intend to show the court that you cannot pay your arrears. Complete financial disclosure is absolutely essential.

	==Collecting arrears of support==		==Collecting arrears of support==

Nate Russell: /* Retroactive reduction of support */

2019-07-18T05:00:20Z

Retroactive reduction of support

← Older revision		Revision as of 05:00, 18 July 2019
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	There was some doubt whether a retroactive reduction was allowed under the ''Family Law Act'', but several cases have held that it is, including ''[http://canlii.ca/t/glb4d N.M. v G.M.]'', 2015 BCSC 1732.		There was some doubt whether a retroactive reduction was allowed under the ''Family Law Act'', but several cases have held that it is, including ''[http://canlii.ca/t/glb4d N.M. v G.M.]'', 2015 BCSC 1732.

	Remember, though, that a retroactive variation application can only ~~adjust the~~ arrears to what they should have been~~, had~~ the order or agreement been adjusted for ~~current circumstances~~ in a timely manner. If arrears would still have accrued, it does not allow any relief beyond that.		Remember, though, that a retroactive variation application can only result in arrears being adjusted to what they should have been if the order or agreement had been adjusted for the relevant factors in a timely manner. If arrears would still have accrued, it does not allow any relief beyond that.

	===Cancellation or reduction of (proper) arrears===		===Cancellation or reduction of (proper) arrears===

Nate Russell: /* Retroactive reduction of support */

2019-07-18T04:43:42Z

Retroactive reduction of support

← Older revision		Revision as of 04:43, 18 July 2019
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	<blockquote><blockquote><blockquote><tt>(i) arises from a change described in subsection (2) (a), and </tt></blockquote></blockquote></blockquote>		<blockquote><blockquote><blockquote><tt>(i) arises from a change described in subsection (2) (a), and </tt></blockquote></blockquote></blockquote>
	<blockquote><blockquote><blockquote><tt>(ii) is related to the relationship between the spouses, and </tt></blockquote></blockquote></blockquote>		<blockquote><blockquote><blockquote><tt>(ii) is related to the relationship between the spouses, and </tt></blockquote></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted in a different order.</tt></blockquote></blockquote>

	Retroactive variation applications are relatively new. In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support. This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, [[Making Changes to Child Support]]. In the recent case of ''[http://canlii.ca/t/g80ht G.M.W. v D.P.W.]'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support. Both involve child support, but the rules will be similar for spousal support. For another example, see ''[http://canlii.ca/t/27qrq P.M B. v. M.L.B.]'', 2010 NBCA 5, in particular paragraph five.		Retroactive variation applications are relatively new. In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support. This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, [[Making Changes to Child Support]]. In the recent case of ''[http://canlii.ca/t/g80ht G.M.W. v D.P.W.]'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support. Both involve child support, but the rules will be similar for spousal support. For another example, see ''[http://canlii.ca/t/27qrq P.M B. v. M.L.B.]'', 2010 NBCA 5, in particular paragraph five.

Nate Russell at 04:39, 18 July 2019

2019-07-18T04:39:41Z

Nate Russell: /* Orders for support */

2019-07-18T04:34:13Z

Orders for support

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	===Orders for support===		===Orders for support===

	Orders for the payment of spousal support are enforceable like any other order of the court. Someone who breaches a Supreme Court order can be punished for contempt of court. As well, under the ''[[Family Law Act]]'', the Supreme Court and the Provincial Court can:		Orders for the payment of spousal support are enforceable like any other order of the court. Someone who breaches a Supreme Court order can be punished for contempt of court. As well, under the ''[[Family Law Act]]'', the Supreme Court and the Provincial Court can require the payor:

	~~#require the payor~~ to provide security for their compliance with the court order,		*to provide security for their compliance with the court order,
	#pay any expenses incurred by the recipient as a result of the payor's actions,		*to pay any expenses incurred by the recipient as a result of the payor's actions,
	#pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,		*to pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,
	#pay up to $5,000 as a fine, or		*to pay up to $5,000 as a fine, or
	#if nothing else will ensure the payor's compliance with the order, ~~jail the payor~~ for up to 30 days.		*to be jailed, if nothing else will ensure the payor's compliance with the order, for up to 30 days.

	Unfortunately for people who would rather be jailed than pay, s. 231(3)(c) says that:		Unfortunately for people who would rather be jailed than pay, section 231(3)(c) says that:

	<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>		<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>

← Older revision		Revision as of 22:13, 15 January 2024
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	===The Family Maintenance Enforcement Program===		===The Family Maintenance Enforcement Program===

	Although recipients can enforce orders and agreements for spousal support on their own, most of the time recipients will give that job to the [http://www.~~fmep.gov.bc~~.ca/ Family Maintenance Enforcement Program~~] (~~FMEP). This is a provincial government program under the provincial ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.		Although recipients can enforce orders and agreements for spousal support on their own, most of the time recipients will give that job to the [http://www.bcfma.ca BC Family Maintenance Agency], which is the name for what many still know as the Family Maintenance Enforcement Program. BCFMA is the new name for FMEP. This is a provincial government program under the provincial ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.

	~~FMEP~~ is a free service for recipients. Its purpose is to enforce the payment of spousal support.		BCFMA is a free service for recipients. Its purpose is to enforce the payment of spousal support.

	It's important to know that ~~FMEP~~ can't change agreements and orders about spousal support. ~~FMEP~~ can't increase or decrease the amount of a spousal support obligation and it can't reduce or cancel arrears of spousal support. ~~FMEP~~ does not help recipients respond to applications to change support orders, set aside agreements, or reduce or cancel arrears. You'll have to do that on your own. But from the recipient's perspective, just having ~~FMEP~~ take over enforcement of the order or agreement can be a huge relief.		It's important to know that BCFMA can't change agreements and orders about spousal support. BCFMA can't increase or decrease the amount of a spousal support obligation and it can't reduce or cancel arrears of spousal support. BCFMA does not help recipients respond to applications to change support orders, set aside agreements, or reduce or cancel arrears. You'll have to do that on your own. But from the recipient's perspective, just having BCFMA take over enforcement of the order or agreement can be a huge relief.

	==Reducing and cancelling arrears==		==Reducing and cancelling arrears==
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	==Collecting arrears of support==		==Collecting arrears of support==

	The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the Family Maintenance Enforcement Program, or FMEP. Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the program will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.		The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the BC Family Maintenance Agency, or BCFMA (formerly the Family Maintenance Enforcement Program, or FMEP). Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the program will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.

	~~FMEP~~ is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about spousal support must be filed in court first.) ~~FMEP~~ will take the matter from there, and the program is authorized by the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.		BCFMA is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about spousal support must be filed in court first.) BCFMA will take the matter from there, and the program is authorized by the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.

	The ''Family Maintenance Enforcement Act'' gives ~~FMEP~~ a lot power to collect spousal support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. ~~FMEP~~ can also:		The ''Family Maintenance Enforcement Act'' gives BCFMA a lot power to collect spousal support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. BCFMA can also:

	*garnish the payor's wages,		*garnish the payor's wages,
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	*get an order for the payor's arrest.		*get an order for the payor's arrest.

	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by ~~FMEP~~, recipients enrolled with ~~FMEP~~ are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information about enforcing orders in the chapter [[Resolving Family Law Problems in Court]] within the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information about enforcing orders in the chapter [[Resolving Family Law Problems in Court]] within the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.
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	Section 163(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court, nor is it necessary that the agreement be a British Columbia agreement.		Section 163(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court, nor is it necessary that the agreement be a British Columbia agreement.

	~~FMEP~~ will enforce agreements for support, however they require that an original copy of the agreement be filed in court and sent to them, with the court's stamp, before they can enforce the agreement.		BCFMA will enforce agreements for support, however they require that an original copy of the agreement be filed in court and sent to them, with the court's stamp, before they can enforce the agreement.

	You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in the section [[Enforcing Family Law Agreements]].		You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in the section [[Enforcing Family Law Agreements]].
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	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''
	* ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]''		* ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]''
	* ''[~~http~~://canlii.ca/t/84h5 Court Order Enforcement Act]''		* ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]''
	* ''[~~http~~://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''		* ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''

	===Links===		===Links===

	* [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~ website]		* [https://www.bcfma.ca BC Family Maintenance Agency website] (formerly FMEP)
	* [~~http~~://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]		* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]
	* [https://www.clicklaw.bc.ca/global/search?f=Family+law%7c1160&so=v Spousal support resources on Clicklaw]		* [https://www.clicklaw.bc.ca/global/search?f=Family+law%7c1160&so=v Spousal support resources on Clicklaw]

← Older revision		Revision as of 04:39, 18 July 2019
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	*to pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,		*to pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,
	*to pay up to $5,000 as a fine, or		*to pay up to $5,000 as a fine, or
	*to ~~be jailed~~, if nothing else will ensure the payor's compliance with the order, for up to 30 days.		*to go to jail, if nothing else will ensure the payor's compliance with the order, for up to 30 days.

	Unfortunately for people who would rather be jailed than pay, section 231(3)(c) says that:		Unfortunately for people who would rather be jailed than pay, section 231(3)(c) says that:
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	<blockquote><tt>A written agreement respecting spousal support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>		<blockquote><tt>A written agreement respecting spousal support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>

	As a result, the Supreme Court and the Provincial Court can:		As a result, the Supreme Court and the Provincial Court can require the payor:

	~~#require the payor~~ to provide security for their compliance with the ~~agreement~~,		*to provide security for their compliance with the court order,
	#pay any expenses incurred by the recipient as a result of the payor's actions,		*to pay any expenses incurred by the recipient as a result of the payor's actions,
	#pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,		*to pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions,
	#pay up to $5,000 as a fine, or		*to pay up to $5,000 as a fine, or
	#if nothing else will ensure the payor's compliance with the ~~agreement~~, ~~jail the payor~~ for up to 30 days.		*to go to jail, if nothing else will ensure the payor's compliance with the order, for up to 30 days.

	Payors can apply under s. 174 of the ''[[Family Law Act]]'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order. Alternatively, they can apply to set aside and vary the agreement, prospectively or retroactively, under ~~ss.~~ 164 and 167 of the ''Family Law Act'', or seek an order in terms different from the agreement under s. 15.2 of the ''Divorce Act''.		Payors can apply under section 174 of the ''[[Family Law Act]]'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order. Alternatively, they can apply to set aside and vary the agreement, prospectively or retroactively, under sections 164 and 167 of the ''Family Law Act'', or seek an order in terms different from the agreement under section 15.2 of the ''Divorce Act''.

	===The Family Maintenance Enforcement Program===		===The Family Maintenance Enforcement Program===
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	This is the ''retroactive variation'' approach (applying late, or after the fact). The court still requires the payor to explain why they deserve a second chance, but it is a little easier to persuade the court to do this than to allow the payor to pay something less than the full amount.		This is the ''retroactive variation'' approach (applying late, or after the fact). The court still requires the payor to explain why they deserve a second chance, but it is a little easier to persuade the court to do this than to allow the payor to pay something less than the full amount.

	Now, the ''Family Law Act'' allows both for a reduction or cancellation of arrears (s. 174) and for a retroactive variation of a support order (s. 167). So, the cases that said there is only one approach under the former act no longer apply. Payors have a choice. This is important because it is a little easier to succeed on a retroactive variation than a pure cancellation or reduction of arrears. Just be sure you are clear with the court which route you are taking.		Now, the ''Family Law Act'' allows both for a reduction or cancellation of arrears (section 174) and for a retroactive variation of a support order (section 167). So, the cases that said there is only one approach under the former act no longer apply. Payors have a choice. This is important because it is a little easier to succeed on a retroactive variation than a pure cancellation or reduction of arrears. Just be sure you are clear with the court which route you are taking.

	===Retroactive reduction of support===		===Retroactive reduction of support===
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	<blockquote><blockquote><tt>(a) a support order or any provision thereof on application by either or both former spouses; or</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) a support order or any provision thereof on application by either or both former spouses; or</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) a custody order or any provision thereof on application by either or both former spouses or by any other person.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) a custody order or any provision thereof on application by either or both former spouses or by any other person.</tt></blockquote></blockquote>
			<blockquote><tt>[...]</tt></blockquote>
	<blockquote><tt>(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought.</Tt></blockquote>		<blockquote><tt>(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought.</Tt></blockquote>
			<blockquote><tt>[...]</tt></blockquote>
	<blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote>		<blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote>
			<blockquote><tt>[...]</tt></blockquote>
	<blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote>		<blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote>
	<blockquote><blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote>
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	The courts have interpreted "gross unfairness" under the ''Family Relations Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship.		The courts have interpreted "gross unfairness" under the ''Family Relations Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship.

	If you are asking the court to make an order of reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears, and you must be prepared to address the criteria set out in s. 174(2).		If you are asking the court to make an order of reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears, and you must be prepared to address the criteria set out in section 174(2).

	*What efforts have you made to pay the spousal support you were required to pay?		*What efforts have you made to pay the spousal support you were required to pay?