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Changes
→Reducing and cancelling arrears
If you've read the section in this chapter on [[Making Changes to Child Support]], you know that an application to cancel or reduce arrears is much the same kind of application as an application to change a child support order where the ''[[Divorce Act]]'' is involved. Like applications to change a child support order, applications to reduce or cancel arrears are made under section 17 of the act.
Section 17 of the ''[[Divorce Act]]'' says this about varying orders for spousal support:
<blockquote><tt>(1) A court of competent jurisdiction may make an order varying, rescinding or suspending, prospectively or retroactively,</tt></blockquote>
<blockquote><blockquote><tt>(a) a support order or any provision thereof on application by either or both former spouses; ...</tt></blockquote></blockquote>
<blockquote><tt>(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought. ...</Tt></blockquote>
<blockquote><tt>(4) Before the court makes a variation order in respect of a child support order, the court shall satisfy itself that a change of circumstances as provided for in the applicable guidelines has occurred since the making of the child support order or the last variation order made in respect of that order. ...</tt></blockquote>
<blockquote><tt>(6.1) A court making a variation order in respect of a child support order shall do so in accordance with the applicable guidelines.</tt>
The ''[[Divorce Act]]'' doesn't talk about arrears specifically. Applications to reduce or cancel arrears under the act are applications to change, or ''vary'', the original order, so that less money is owing or that no money is owing. The test the court will apply is similar to the test it applies for orders under the ''[[Family Law Act]]''. It is difficult to persuade the court to reduce or cancel arrears, as you'll see in the next section.