Isaac's Family Law Blog

Limitations vs. Delay in Seeking Spousal Support One thing you should always discuss with your lawyer early on - preferably at the first consultation - is whether there is a time limit to collect a certain sum of money. In law, there are limitations periods to consider and there is delay.  Photo credit: Jordan Benson What is a Limitations Period? A limitations period means that you have only a certain amount of time to bring someone to court to get something that you believe you are owed. After the time is up, you can't get any relief on that issue. Ontario law sets up certain time limits for certain types of claims. In divorce and family law situations, generally the time limit to make a court application for a property matter is up to 2 years after a divorce, or 6 years after a separation, whichever comes first. For example, if a person and their spouse separate on January 1, 2023, and they own a house and cars together and dispute how much money one of them is owed, but they sti...

The Difference between “Retroactive” and “Arrears” Decisions about child support or spousal support are usually forward looking. However, a court may also be asked to look backwards to deal with support that should have been paid. There are two scenarios that may apply to your situation: (1) arrears of support, and (2) retroactive support. Arrears and retroactivity apply to child support and spousal support. Photo credit: Nataliya Vaitkevich Arrears Arrears of support are those amounts that a person failed to pay but was required to do so by a contract (e.g., separation agreement) or court order. Determining the precise amount of arrears is not always straightforward. The amount depends on how long the arrears were accumulating, the amount of each payment and the frequency. Arrears: A Real-life Example In one case, a father agreed in a separation agreement signed in 2008 that he would pay child support of $10,000 per year for his two children. Except for a $5,000 lump sum, however, he ...