Northpoint Legal Articles
At Northpoint Legal LLP, litigation isn’t just our profession—it’s our perspective. Our blog features timely analysis, legal commentary, and practical guidance on issues shaping civil and insurance litigation in British Columbia and beyond. Whether you're an insurer, legal professional, or business leader, these articles offer strategic insights drawn from decades of courtroom experience and industry leadership.
Viewing Posts Categorized "Family Law"
What can be done to reduce or eliminate child and spousal support arrears?
In Hildebrand v. Hildebrand, 2024 BCCA 395, the BC Court of Appeal upheld a rare ruling that cancelled $280,000 in child and spousal support arrears, interest, and penalties. The Court accepted that the payor had consistently overpaid based on incorrect income assumptions since 2014. Applying the Colucci test, the Court found the delay was reasonably explained, the payor’s conduct was responsible, and repayment would cause extreme hardship. This case shows that long-term retroactive support adjustments are possible in exceptional circumstances—but require strong evidence and a clear legal strategy.