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!

6 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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    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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    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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  3. Does the New LIMITATION ACT, have any effect on the 10 year Statute of limitations once the child hits 19. I have 4 children living in BC current ages ,32, 30 28 from my first marriage. and a 24 year old from my second . I was told to just sit back and wait out the 10 years and i would be clear of all child support debt.I live in the US right now hiding off the grid.

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    1. I can't give you legal advice about this through my blog. You really need to speak to a BC family law lawyer; try Jonathan Lazar or Zara Suleman. They're both very good.

      The new Limitation Act changes the old law substantially. First, the ultimate limitation period, fixed by s. 21, is 15 years not 10, but regardless of that s. 3(1)(l) says that the act doesn't apply to claims about arrears of child support. It'll be worth your while to pay for a proper legal opinion on this.

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