The respondent, Bissonnette, brought a motion to change a final order to rescind child support arrears.
The court conducted a trial of the issue, considering whether denial of access, delay in enforcement, misrepresentation of arrears, or the child no longer being dependent should preclude enforcement.
The court found no deliberate denial of access by the applicant, no acquiescence in non-payment, and that Bissonnette's delay in seeking relief was unreasonable.
The court declined to preclude enforcement of arrears, deferring the issue of the child's lack of need and hardship to the paying party for a future trial or settlement.