Do new responsibilities including a new family constitute grounds to support an application to cancel arrears?
British Columbia, Canada
The following excerpt is from R.W. v. L.E.W., 2008 BCPC 277 (CanLII):
New responsibilities, including a new family which requires support do not constitute grounds to support an application to cancel arrears (Virk v. Virk, [2002] B.C.J. No. 219 (B.C.S.C.); Earle v. Earle).
An agreement that maintenance need not be paid or that it be paid in a lower amount is not a reason to reduce or to cancel arrears. Child support is the right of the child and cannot be bargained away or waived by the recipient parent (Earle v. Earle). ANALYSIS
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