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Arrears of Spousal Support
Can arrears be cancelled due to remarriage and lack of effort for retraining or self-sufficiency? The former spouse has had 2 1/2 years since the divorce to retrain herself and has so far found only temporary seasonal work. She has remarried and is still not working. My T4 slip shows that I am earning minimum wage and I have been unable to pay arrears due to economic hardship. Can the arrears be cancelled? (by S of Vancouver, BC) Practically speaking, remarriage will affect a present obligation to pay spousal support, but it won't affect arrears which accumulated prior to the remarriage. In order to cancel the support obligation as it presently stands, you must make an application to court. The "change of circumstances" which you must show is the remarriage of your ex. If she remarries, you may be able to claim that she has now effectively become self-sufficient. Now, as to getting rid of the arrears accumulating between the date of the order and the date of remarriage, you will have to prove a pre-remarriage change of circumstances for yourself. Inability to pay isn't enough... you must show that something radically changed in your financial circumstances between the date of the order and the date you say you shouldn't have to pay support. Normally, something like unintentional and unavoidable unemployment would do. If you can't show a change, you're likely going to be stuck owing arrears between the date of the order and the date of the remarriage. As to arrears accumulating *after* the remarriage, you will likely be successful in having those canceled, so long as you act promptly in applying for their cancellation! Click here to go to the top of the page. Site Navigation
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