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→Reducing and cancelling arrears
===Arrears under the ''Family Law Act''===
Unlike the ''Divorce Act'', the ''[[Family Law Act]]'' does talk about arrears, and the test to reduce or cancel arrears of child support is ''not'' the same as the test to simply change an agreement or order for child support. Section 174(1) of the act says this:
<blockquote><tt>(1) On application, a court may reduce or cancel arrears owing under an agreement or order respecting child support or spousal support if satisfied that it would be grossly unfair not to reduce or cancel the arrears.</tt></blockquote>
<blockquote><tt>(4) If a court cancels arrears under this section, the court may cancel interest that has accrued, under section 11.1 of the ''Family Maintenance Enforcement Act'', on the cancelled arrears if satisfied that it would be grossly unfair not to cancel the accrued interest.</tt></blockquote>
A similar section of the old ''Family Relations Act'' was described as a "complete code" regarding the reduction or cancellation of arrears under that Actact, meaning that the only ground on which a court could reduce or cancel arrears was "gross unfairness," as set out in section 96(2)of the old act. The courts will probably take the same approach to section 174 of the ''[[Family Law Act]]''.
The courts have interpreted "gross unfairness" under the ''Family Relations Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship.