View source for Spousal Support Arrears

===Agreements for spousal support===

Arrears that have accumulated under a separation agreement are owed because of the promises each party made to the other when they signed the agreement. A separation agreement is a contract that can be enforced in court, just like any other contract.

Agreements for support are most easily enforced by filing them in court. Once they are filed in court, agreements can be enforced just like they are court orders. (Although agreements can still be enforced under the law of contracts, it's a lot simpler to file them in court and take care of it that way.) Section 163(3) of the ''[[Family Law Act]]'' says:

<blockquote><tt>A written agreement respecting spousal support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>

Payors can apply under section 174 of the ''Family Law Act'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order. Alternatively, they can apply to set aside or change the agreement, going back in time or going forward, under sections 164 and 167 of the ''Family Law Act'', or ask for a spousal support order on terms different than their agreement under section 15.2 of the ''[[Divorce Act]]''.