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Debra, Lawyer
Category: Canada Law
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Child support orders how long is the statute of limitations

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Child support orders: how long is the statute of limitations on collecting arrears or is there a statute of limitations on collecting arrears for child support.
You will have to apply to Court to get an Order from the Court rescinding the arrears. Without this the maintenance enforcement branch simply has no jurisdiction to forget about the arrears unless the other parent who is owed the money agrees for them to do that.

Let me know if you need further clarification.
Customer: replied 8 years ago.
The parent to be in receipt of arrears says ( in 2002)that she has been paid the monies owing her, so why is maintenance inforcement saying that it is owed. If you can give us any idea of why they are still pursuing this issue we thank you and will be more than glad to accept your answers and pay. thank you again
What has the mother done with respect to advising them you don't owe anything any more. Something has gone wrong because they think you do.
Customer: replied 8 years ago.
We don't know as we have not been in contact for quite some time, but she ws receiving payments for other children at the same time, so maybe thought she had been paid by us as well. But what is the confusing thing is that maintenance inforcement was taking hafd of the incometax rebate half of house sale profits etc, but now they are not doing that even though for the past 3 years there have been rebates received by us. Could this mean that they really can't take anything now because of the time factor of 20 years since last payment was made. Is there a time limit in which they have to recoup the money as there is in income tax? Would this be the same as a income tax case where they couldn't collect for 14 years from this man and he took it to British columbia court and it was ruled that if they couldn't collect within that time to bad. They ruled in his favor.
There's no time limit because there's a judgment. It's not like a debt that someone cannot sue on when it's too late.

Basically, if you cannot prove you paid the money you will have to get an order rescinding the arrears.

There's likely no harm in asking them what you need to get your passport back and see what they say unless you can think of a reason not to.
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