Can I request that my child support arrears be rescinded?

When a spouse brings a motion before the Court to rescind child support arrears, the Court will analyze many factors in its determination as to whether the support payor should be relieved of his child support arrears.

The Court will generally focus its attention on whether the previous order that compelled the payor to provide child support at a specific quantum was unjust or too burdensome based on the payor’s circumstances at the time of the judgment.

Justice Sherr in Baxter v. Beharry, 2015 ONCJ 10 stated that in cases where income was imputed to the payor spouse, a motion to rescind child support arrears could lead to problems associated with res judicata.

"It is well settled law that, if income is imputed, then the issue will generally be res judicata on a motion to vary or change support. See: Bemrose v. Fetter, 2007 42 R.F.L. (6th) 13. Although the court always has discretion with respect to the issue of res judicata and can consider fraud, fresh evidence, additional disclosure, or issues of fairness, the principle of res judicata provides that generally, a matter cannot be re-litigated once it has been determined on its merits."

To learn more about child support arrears as well as the services provided by Krol & Krol, call 905.707.3370 today.