Cancelling BC Child Support Arrears – Vancouver Child Support Lawyers Explain

Cancelling BC Child Support Arrears under the Family Law Act can be done, but it’s not easy. Our Vancouver Child Support Lawyers will explain the process and requirements for cancelling BC Child Support Arrears here. You need to start by setting down an Application at the BC Supreme Court or the BC Provincial Court. If you want to cancel your BC Child Support Arrears, you need to show that the following criteria as set out in s.174 of the Family Law Act:

Cancelling BC Child Support Arrears – Vancouver Child Support Lawyers

You must show a material change in circumstances before even trying to cancel BC Child Support Arrears or reducing them. What is a material change in circumstances? It is a change that is:

• Significant;
• Longlasting; and
• that it would be very unfair for the court not to cancel or reduce the arrears.

OK, what does that really mean? It means, for example, you had a job that paid $100,000 and had to pay child support based on your salary. Now you have been laid off for 6 months and have no job or salary, let alone any money for child support. Losing your job though should not be voluntary of course. You need to convince the judge this happened to you and it wasn’t within your contemplation. And that you are doing everything you can to get back into the workforce to pay your child support obligations.

How Can you Win in Court for Cancelling BC Child Support Arrears?

In consideration as to whether the court should cancel or reduce arrears, the court may consider:

1. Your efforts to comply with the agreement or order respecting support and trying to pay it; 
2. The reasons why you can’t pay child support arrears owing, and
3. any circumstances that the court considers relevant to your situation. 

So, there is some room for cancellation or for having arrears cancelled. However, note that the payor has to show that it would be more than unfair for the arrears not to be reduced or cancelled. The test to meet in order to successfully advance a claim to reduce or cancel BC child support arrears remains very difficult and heavy.

This if of course because the parents of a child have the obligation to support their children financially which is a right of the child. Therefore, a court will not usually cancel or reduce BC Child Support arrears unless the payor is able to show that he or she would be unable to pay “now and in the future”.

If the court reaches a finding that an order for cancelling BC Child Support or reducing it, the court may also make an order that interest does not accrue on the reduced arrears or may cancel interest that has accrued.

Know Your Strategy Before Cancelling BC Child Support Arrears

Making an application for cancelling BC Child Support arrears or reducing them needs to have the proper facts and law in order to succeed. There are many facts of your case which may help or hurt you legally. You should be cautioned that the court may actually, instead of merely declining to make the order to reduce your child support obligations, actually make a finding that you should be making more money and then increase your child support payments!

It should also be noted that failure to adhere to an order or agreement for child support could lead to an action for contempt of court, with potential jail time and/or a fine in the amount of up to $5,000.

You need to prove several important and necessary facts before cancelling BC Child Support Arrears or reducing them. To find out about your chances of success or how to argue your case properly, contact our award-winning Vancouver Family Lawyers for a consultation at 604-974-9529 or contact us.