What is the test for reducing or reducing the amount of child support ordered by a judge?
Alberta, Canada
The following excerpt is from Cooper v. Cooper, 1996 CanLII 10592 (AB QB):
The governing principal is stated in Haisman v. Haisman, supra: … in the absence of some special circumstance, a judge should not vary or rescind an order for the payment of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance of probabilities that the former spouse or judgment debtor cannot then pay, and will not at any time in the future be able to pay, the arrears.
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