BC spousal and child support statutory limitation periods have been removed BUT common law limits are still a factor. Nothing is worse for a family law client than a delay in dealing with a variation or enforcement of child and spousal support arrears. The British Columbia government recently introduced Bill 34, the Limitation Act (the 2012 Limitation Act), into the legislature for first reading which does away with statutory limitation periods for spousal and child support arrears. Payors who suffer a decline in income need to act immediately to change orders or agreements or they will regret it under our current law. The Supreme Court of Canada in DBS has established factors in deciding under what circumstances child support should be retroactively adjusted. Watch Our Video on this topic. Our provincial legislation posits a test of not cancelling arrears unless it would be grossly unfair not to do so. With the new legislative changes which are expected to become law shortly it is imperative paying and receiving spouses get prompt legal advice to deal with the issue of arrears before the problem snowballs into expensive litigation.
The new Bill 34 specifically exempts support arrears claims from limitation periods as follows:
Exempted claims
3 (1) This Act does not apply to the following:
(l) a claim for arrears of child support or spousal support payable under
(i) a judgment, or
(ii) an agreement filed with the court under section 121 or 122 of the Family Relations Act;
Different tests apply to retroactive claims for child and spousal support and delay prejudices both the paying and receiving spouse depending on the circumstances. Call us now before matters spin out of control at 1 877 602 9900.
