In what circumstances will a court cancel child support arrears when the child is killed in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Carpentier v. British Columbia (Director of Family Maintenance Enforcement), 2017 BCSC 250 (CanLII):
In Burbank v. Garbutt, 2012 BCSC 190, the court considered an application to cancel child support arrears in the context of a child who had been killed in a motor vehicle accident. In that case both parties agreed, and the court accepted, that "the death of the couple's daughter did not extinguish" the child support arrears.
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