Can Support Arrears Be Reduced or Forgiven in Nova Scotia?

Falling behind on support after a job loss is stressful, and the amount owing can feel like it only grows. Many payers ask whether a court can cancel or reduce what has built up.

This article explains what generally matters, what enforcement can look like in the meantime, and where an application would be made in Nova Scotia. The answer turns on the wording of your order and your own history of income and payments, so a lawyer should confirm how it applies to you.

This article covers the law of Nova Scotia.

Can a court reduce or forgive arrears?

There is no simple yes or no. Arrears are support that came due under an order or agreement and was not paid. Whether a court will change that amount depends on your situation, including what your order says and the law that applies to it, so it is worth confirming with a lawyer.

Be cautious about assuming that losing your job automatically lowers what you owe. A lawyer can tell you whether your situation allows a request to change the order or the arrears, and what you would need to show.

What enforcement can look like while arrears build

The Maintenance Enforcement Program (MEP) is a free Nova Scotia service that helps people pay or receive court-ordered child or spousal support. It keeps a record of payments, and the payor sends money to MEP, which passes it to the recipient.

Enrolling an order with MEP is optional, and MEP cannot enforce an order that is not enrolled. If your order is enrolled, MEP's tools include:

• Garnishing wages, benefits, and bank and investment accounts, including joint accounts.
• Requesting suspension of a motor vehicle or hunting and fishing licence.
• Requesting revocation of a passport.

Because these steps can affect your income and daily life, it is usually better to deal with a problem early than to wait until enforcement begins.

Income facts that tend to matter

Table child support is based on the payor's annual income, worked out under the federal Child Support Guidelines starting from the Total income line on your T1 General tax return. The court may look at income over the last three years, and may impute income it considers appropriate. That means a court can look beyond a single bad month, and it can question whether stated income reflects what you could earn.

The Guidelines also let a court set a different amount where a parent or child would otherwise suffer undue hardship, for example because of unusually high debts or duties to support others, but the claim fails if the claiming household would have a higher standard of living than the other. That rule is about setting the amount of support, so ask a lawyer whether and how it could apply to money already owing.

The court may add extra expenses to the order under section 7, such as child care or extraordinary school costs. Those expenses are shared by the parents in proportion to their incomes after deducting any contribution from the child, and the court must take into account any subsidies, benefits, or tax deductions or credits relating to the expense. If part of your arrears comes from those amounts, tell your lawyer.

Where and how an application is made

Divorces and related support issues are heard in the Supreme Court of Nova Scotia (Family Division), which handles child support among other family matters. Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.

The Family Division offers court-based dispute resolution, including conciliation, mediation with a neutral mediator who cannot make orders, and voluntary judge-led settlement conferences. Parents may also have to complete the Parent Information Program when an application involving children is filed. If the other parent is willing to talk, whether an agreed approach is possible, and how it should be recorded, depends on your situation, so it is worth confirming with a lawyer before you rely on it.

If cost is a concern, Nova Scotia Legal Aid family coverage extends to matters under the Divorce Act and the Parenting and Support Act. You may be eligible if you receive certain social assistance benefits, or if the Commission finds that hiring a lawyer would cause you undue financial hardship. If legal aid is refused, you can ask the Commission in writing to review the decision.

What to do next

• Get a copy of your current order or agreement and read exactly what it requires.
• Gather your tax returns, pay stubs, termination or record of employment papers, and proof of your job search.
• Keep paying whatever you can, and keep proof of every payment.
• Write down any changes in the parenting schedule or the child's circumstances.
• Speak with a Nova Scotia family lawyer promptly, before enforcement steps escalate.

Frequently asked questions