Difference between revisions of "Child Support"

When someone does not pay child support, or pays less that he or she is required to pay, ''arrears'' build up. The arrears are the sum of the money that should have been paid according to the court order but wasn't paid. Arrears are a ''judgment debt'', just like any other debt owing because of a court order that requires someone to pay money to someone else. Judgment debts can be enforced under the provincial ''[http://canlii.ca/t/84h5  Court Order Enforcement Act]'', which allows the debtor's wages and benefits to be garnished, and allows real property and personal property to be sold to pay off a judgment debt. Interest, calculated under the ''[http://canlii.ca/t/84h6 Court Order Interest Act]'', is owing on judgment debts.

A child who is the subject of a child support order can apply to enforce any arrears as a judgment debt. The child can apply to enforce the old order starting when he or she reaches the age of majority, 19 in British Columbia, and becomes an adult able to sue someone.

There is a limit to children's ability to enforce arrears. According to s. 3(3)(f) of the provincial ''[http://canlii.ca/t/845q Limitation Act]'', the claim must be brought within 10 years of the child first being able to apply to enforce the judgment debt. In other words, the claim must be made before the child turns 29. The case that discusses this is ''[http://canlii.ca/t/1dkms Schmitke v. Schmitke]'', 1993 CanLII 642 (BC SC) a 1993 decision of the Supreme Court, in which the judge concluded that:

 

<blockquote>"...the right to bring an action for the enforcement of child maintenance is the right of the child. Since the child is 'a person under a disability' within the meaning of s. 7 of the ''Limitation Act'', the running of time is postponed so long as she is a minor."</blockquote>