In what circumstances have arrears of child support been cancelled?

The case of Chester v. Chester, 2016 BCSC 605 is an example of a case where arrears of child support were cancelled. In that case, the parties were married for eight years and had a single child. Later, when the application for cancellation of child support arrears was brought, the father had had no contact with the child for more than two decades. In Chester, the father suffered from mental health issues and earned very little income. He had been ordered to pay child support on an imputed income and significant arrears accumulated. The court found that he had not been intentionally underemployed, but had lived a minimalist lifestyle because of mental health issues which were continuing. The court found at para. 35 that “it would be grossly unfair not to cancel the arrears." In that case, the father was 65 years old, had no assets, and had not worked in 20 years. The court found there was no possibility he could pay the arrears then or in the future. Hence, the arrears were cancelled because, if not, it would impose an injustice on the father.