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Difference between revisions of "Child Support Arrears"
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→Arrears under the Family Law Act
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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 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 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 child support you were required to pay? | *What efforts have you made to pay the child support you were required to pay? | ||
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Be prepared to provide to the court a financial statement (Form F8 in the Supreme Court and Form 4 in the Provincial Court) that summarizes all of your assets and debts, and income 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) that summarizes all of your assets and debts, and income and expenses, if you intend to show the court that you cannot pay your arrears. Complete financial disclosure is absolutely essential. | ||
The leading case that set out the legal principles with respect to cancellation of arrears in British Columbia is Earle v. Earle, 1999 CanLii 6914 (BCSC). | The leading case that set out the legal principles with respect to cancellation of arrears in British Columbia is ''Earle v. Earle'', 1999 CanLii 6914 (BCSC). | ||
==Collecting arrears of support== | ==Collecting arrears of support== | ||