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

Question

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

Mindlink · Accepted Answer

Just to add to the other writer's comments:

The child's present age may be relevant to her receipt of retroactive support. If the child is over 18 and no longer in school, and if the mother waited ten years to issue a complaint for additional child support, the father may be able to get away with only the terms of the agreement for as long as he's been paying.

However, many judges are realists and will make him pay retroactively if the agreement demanded it.  There is a long statute of limitations on this type of complaint.

Michael H · Answer

Unlike the US, Canada allows parents to come to agreement outside the court on how much child support they agree on ASSUMING that they filed it in accordance with their provincial laws.

If they agreed on an amount per month, and have it in writing, the judge (assuming she takes it to court) can in fact rule that the agreement stands.

With regards to past due child support. If they agreed on an amount but he didn't start paying it for X number of years, than she is entitled to the past due amount.

If she goes to court to have the amount increased, it will not be a retroactive increase.

Bankruptcy, as a rule will not include child support, he will still owe it.

In so much as what to take, take every receipt he has, take every agreement they made. Take anything and everything that will prove that they had an agreement and he has been paying accordingly.

Anonymous · Answer

If there is a signed written agreement, and there is documentation of how much he has paid and how much is still owing, then my professional opinion is that yes, indeed he is liable for retro. However, I am NOT a lawyer. There may be a provision on the length of time that passes that she can legally pursue him in court for retro active payments--I am not completely sure.

I am a Canadian social worker in BC and have also worked extensively in Ont.

Anonymous · Answer

This Yahoo Group can best help you with this.
http://groups.yahoo.com/group/fathers_are_capable_too/

Not to Michael H above, the child support guidelines in the US are also not mandatory. All child support is rebuttable.
http://squidoo.com/ChildSupportDepartingFromGuidelines

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

4 Answers