What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support?
British Columbia, Canada
The following excerpt is from Garman v Rahmanifar, 2018 BCSC 1876 (CanLII):
Generally, the court should be satisfied that, based on the payor's past performance and history of arrears with respect to support payments, that there is a real possibility that the recipient of child support will not receive the amount in an order (Pearce v. Pearce (1999), 91 A.C.W.S. (3d) 777, cited to 1999 CarswellBC 2214 (S.C.) at para 48).
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