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Difference between revisions of "Spousal Support Arrears"
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→Reduction or cancellation of arrears
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The second approach is to say, in effect, “Yes, this is the amount I owe under the original order or agreement, but my situation changed. If I had applied when the change happened, the amount would have been reduced. So, please let me apply now and recalculate the arrears accordingly.” | The second approach is to say, in effect, “Yes, this is the amount I owe under the original order or agreement, but my situation changed. If I had applied when the change happened, the amount would have been reduced. So, please let me apply now and recalculate the arrears accordingly.” | ||
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 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 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 (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. | ||
===Retroactive reduction of support=== | ===Retroactive reduction of support=== | ||