5,310
edits
Changes
→Arrears under the Divorce Act
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><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></blockquote>
The ''[[Divorce Act]]'' doesn't talk about arrears specifically. 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.
===Arrears under the ''Family Law Act''===