"""""important child support question... CANADIANS?

Question

This is for a friend of mine who does not have a computer. Him and his wife separated about ten years ago. They had agreed to a fixed amount of child support he should be paying. It wasn't done through the courts. (They're Canadian) Now, she wants retroactive payments for all the years he missed - I am not sure when he started child support payments or when they had made the agreement of the amount. Please don't say for me to tell him to see a lawyer, he can't afford one. My question is: If they had already agreed outside of courts of the amount, and he has been paying, let's say, for the last two years (like I said I am not sure how long he has been paying child support payments to her for), can she then turn around and say (after ten or so years of separation) that she will bring him to court to have retroactive payments? Isn't there a time frame to do this, after which, it is much more difficult to even have a case? He says that even though it is agreed between him and his ex-wife and not through the courts, he has a document signed by both stating their agreement.

Second question: if she does go through the court system, is there anything he can do or bring to help his chances of winning his case? He says he prefers to claim bankrupcy, but I tell him it's a bad idea.

Your thoughts on all this? Also, in your answer, please state if you are canadian yourself/ know the canadian law.

Thanks for your feedback. Much appreciated.

adad · Accepted Answer

In Canada this happens all the time, unfortunately. I work with a support group --  and I am not a lawyer or giving legal advice. There is no time frame, but usually become difficult 10 years after the youngest child turns 25 unless there is a disabled child. She will need a lawyer.

Hopefully, your friend was wise enough to have a witnessed copy of the agreement for the amounts in writing which will help. The argument may be that she didn't know what she was signing so it will be ignored -- but it would be a wonder that they could argue going back any length of time. If he has any documents that she has signed from time to time indicating that there is no outstanding support payments he needs those.

Next, he should be collecting the cheques he wrote to her. All of them if he can -- the banks do keep copies. If he has receipts he needs those. Now, if he paid cash, foolishly, unless he has receipts there is no evidence that he every paid unless she has some of those notes about being up-to-date. Even with cheques, in Ontario, they often call those "gifts" and not child support and order them again. Paragraph 1 stuff will help, so it is real important.

Frankly, if he has some documentation on the amount and payment of support for 10 years, he has a decent chance of dealing with retroactive support for likely at least 8 of the 10 years. Support may well be increased now, and perhaps a differential for a while back. There are very unreasonable judges, but many do have a clue and sometimes use it.

Bankruptcy does not eliminate the debt of child support or of retroactive child support. No relief there.

? · Answer

I don't know anything about Canadian law, but unless they had a written agreement that they made a legal document, most likely there is nothing he can do to stop this. Have him take statements of payments made to her if he has them other than that there isn't much he can do.

mandymomof2 · Answer

If there is no way to prove whether he paid or not, then nothing can be done. That's why it is always advised to register through maintenance enforcement, so they can keep track of what is being paid.

Anonymous · Answer

Post the question here is better results
http://groups.yahoo.com/group/fathers_are_capable_too

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"""""important child support question... CANADIANS?

4 Answers