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Old 08-09-2017, 12:50 PM
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Rioe Rioe is offline
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You definitely want to do further searching on CanLII to find precedents and ideas, but here are my thoughts.

The general logic behind not ordering arrears be paid up after a child is no longer receiving CS is to avoid a 'windfall' for the other parent that won't benefit the child. So I would think that to counteract that logic, you need to show the sacrifices you made to make up the CS shortfall he caused by going into arrears, and that the 'windfall' would actually go to reimbursing those.

For example, did you have to borrow money, from relatives or from a bank, to help pay for the child's expenses that CS ought to have covered? Then the 'windfall' would go to repay those loans, not to benefit you.

Or did you incur financial damages, such as having to pay unnecessary interest on your credit cards, or miss payments on bills and get charged penalties, by not having the CS you were supposed to have? Then the 'windfall' is really recompense for that.

But in your case, he deliberately went out of his way to not pay CS, concealed his contact info and his financial disclosure, etc, so he should not be excused from his past failed obligations now just because there are no current obligations.

Last edited by Rioe; 08-09-2017 at 12:52 PM.
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