What is the burden on a party seeking to cancel or reduce arrears of support?

British Columbia, Canada


The following excerpt is from Kargaran v. Ahmadi, 2015 BCSC 1249 (CanLII):

There is a heavy burden on a party seeking to reduce or cancel arrears of support. To reduce or cancel arrears, an applicant must demonstrate first, that there has been a significant and long-lasting change in circumstances, and second, that it would be grossly unfair not to cancel the arrears. Generally, arrears will be cancelled only if the applicant can show that there is an inability to pay now or in the future. See Semancik v. Saunders, 2011 BCCA 264 at para. 25.

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