Anonymous

Difference between revisions of "Child Support Arrears"

From Clicklaw Wikibooks
Line 35: Line 35:
<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>
<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>


Since orders for support require the payment of money, arrears can also be enforced as a judgment debt under the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''  and the Family Maintenance Enforcement Act.  By s. 3(1)(l) of the Act, there is no limitation period for enforcement of child support arrears.   
Since orders for support require the payment of money, arrears can also be enforced as a judgment debt under the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''  and the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.  By s. 3(1)(l) of the Act, there is no limitation period for enforcement of child support arrears.   


Payors can apply for an order reducing arrears that have accumulated under a court order under both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. Such applications must be made using the Act under which the support order was made.
Payors can apply for an order reducing arrears that have accumulated under a court order under both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. Such applications must be made using the Act under which the support order was made.