What is the test for writing off child support arrears?
Manitoba, Canada
The following excerpt is from Lievaart v. Smith, 2021 MBQB 73 (CanLII):
Manitoba courts have held that, in applying to remit (write-off) child support arrears, “there is a heavy onus on the moving party to show, on a balance of probabilities, that both conditions have been met”, (see Bortolussi v. Cafferty, 2016 MBQB 54, at para. 16). DECSION ON ONGOING SUPPORT
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect on spousal and child support when the petitioner stops paying child support? (Manitoba, Canada)
What is the test for determining if a child is entitled to child support? (Manitoba, Canada)
Does a parent have to continue to pay child support after the age of 16? (Manitoba, Canada)
What is the effect of a delay in seeking spousal support if the husband has been seeking support for more than a year? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
When will a court grant custody of a 14 year old child to a parent who does not have custody of the child? (Manitoba, Canada)
Can a custodial parent request an increase in the Child Support Guidelines? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
Is there any case law that supports the argument that a child is financially dependent on their parent by reason of other cause? (Manitoba, Canada)
When will the court order child support for the children of a separated parent from the date of the separation date? (Manitoba, Canada)
