16 April 2012

New Legislation Will End Limitation Period for Claims on Arrears of Support

The provincial government today introduced new legislation to replace the Limitation Act. The proposed legislation, Bill 34, will tidy up a lot of the complexities of the current act and, along the way, repeal the limitation period presently governing actions for the enforcement of arrears of child support and spousal support.

Under ss. 3(1) and 46 of the new legislation, no limitation will apply to claims for arrears accumulating under a court order, or under an agreement filed in court pursuant to ss. 121 or 122 of the Family Relations Act or ss. 148 or 163 of the Family Law Act; once arrears have accumulated, they can always be enforced. Payors beware!

4 comments:

  1. Will this overturn previous decisions on arrears, ie if they say only going back two years will prior years be open to collection

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    Replies
    1. New legislation does not affect court decisions made before the legislation comes into force unless the legislation says that it is meant to have that effect. In my quick review of Bill 34, I did not notice any provisions to that effect.

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  2. Under the FRA there is a one year limitation for common law spouses to file claim for spousal--- what about Under the FLA; limitation is gone?

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    Replies
    1. Under the FLA, unmarried spouses must bring a claim for spousal support within two years of the date of separation.

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