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Difference between revisions of "Spousal Support Arrears"
From Clicklaw Wikibooks
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→Cancellation or reduction of (proper) arrears
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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 s. 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? | ||
