Child Support Arrears Forgiveness: Is It Possible?
The legal reality of 'Rescinding Arrears.' A practical guide to reducing unmanageable debt when life circumstances change.
Legal Review: This forgiveness guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the legal test for 'Gross Unfairness' established in DiFrancesco v. Coutu (2026).
Can Arrears Actually Be Forgiven?
In legal terms, this is called "Rescinding Arrears." It is possible, but the bar is extremely high. Judges operate on the principle that child support is the child's right.
To get arrears forgiven, you cannot just say "I can't afford it." You must prove that:
- 1You had a valid reason for not paying at the time (e.g., catastrophic injury), AND
- 2Enforcing the debt now would be "Grossly Unfair" to you.
Valid vs. Invalid Reasons for Relief
Understanding what the court will accept as grounds for rescinding arrears
Catastrophic Health Issue
You suffered a stroke, accident, or severe mental health crisis that made working impossible, and you lacked the capacity to file a motion at the time.
The 'Hidden' Custody Change
The child actually lived with *you* during the time you were charged support, but you never updated the court order to reflect the custody change.
Incarceration
You were in prison and had zero income. Courts may rescind arrears accumulated during incarceration, provided you apply promptly upon release.
Poverty (Not Enough)
Usually DeniedSimply being 'broke' is usually not enough. If you were capable of working but chose not to, or worked for cash, the court will deny forgiveness.
The "Crown Debt" Trap
It matters who is waiting for the money.
Owed to the Recipient (Parent)
If the other parent agrees, they can choose to "waive" the arrears. We can draft a Consent Motion to wipe the debt clean. If they don't agree, a judge decides.
Owed to the Government (Social Assistance)
If the recipient was on Ontario Works or ODSP, your support payments were assigned to the government. The other parent cannot waive this debt. The government fights hard to collect every dollar.
Important:
Always check your FRO statement to see if the debt is marked as "Crown Debt" or "Recipient Debt." This determines your negotiation strategy.
How to Apply for Relief
The step-by-step process for seeking arrears forgiveness
Financial Disclosure
You must provide full tax returns for every year you are asking to be forgiven. If you didn't file taxes, the court will assume you are hiding money.
File Motion to Change
You must check the box for "Rescinding Arrears" and provide a sworn affidavit explaining the delay. Why didn't you fix this sooner?
The Payment Plan Offer
Courts prefer "Payment Plans" over "Forgiveness." Proposing a realistic monthly payment toward arrears (e.g., $50/month) often gets a better result than asking for $0.
The Order
If successful, the judge issues an order reducing the total debt. We send this to the FRO to update your statement.
Pro Tip:
The earlier you act, the better your chances. If you wait years to address mounting arrears, judges will question why you didn't seek help sooner. File your Motion to Change as soon as your circumstances change.
Debt Relief FAQs
No. Support arrears are a "surviving debt." They remain with you 100% after you are discharged from bankruptcy.
Sometimes. If you have a lump sum of cash (e.g., from a relative), you can offer a 'Settlement' to the FRO (e.g., 'I owe $20k, I will pay $10k today to close the file'). They accept this only in rare cases.
In the *Colucci* case, the Supreme Court suggested that enforcing arrears older than 10 years might be unfair if the recipient did nothing to collect them. This creates a potential window for forgiveness of very old debt.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She assists clients in negotiating arrears settlements with the Family Responsibility Office (FRO) and litigating motions for debt relief.
View Full BioDon't Ignore the Debt. It Only Grows.
Take action now to explore your options for arrears relief and payment plans.
Book Your Arrears Relief Session