Ottawa Divorce .com Forums

Ottawa Divorce .com Forums (http://www.ottawadivorce.com/forum/)
-   Divorce & Family Law (http://www.ottawadivorce.com/forum/f3/)
-   -   Statute of limitations on money owed? (http://www.ottawadivorce.com/forum/f3/statute-limitations-money-owed-21215/)

Ange71727 07-21-2017 05:44 PM

Statute of limitations on money owed?
 
The saga continues... my ex and I had a bit of a dispute a couple months back over daycare money owing. We had both been incorrectly following our agreement after all these years for daycare payments. I was incorrectly charging him a before tax amount for 2014, 2015 and 2016; however, in the course of investigating all of it, my lawyer and I figured out that he had drastically underpaid for 2012 and 2013. It all cancelled out in the end luckily. I have evidence and documents supporting this.
My ex was under the mistaken notion that I owed him for all 5 years and sent me a bill for $7000. When my lawyer and I presented his lawyer and him with the factual numbers at mediation a couple weeks ago, he didn't look too happy to find out that the $7000 pay day wasn't coming.
Today I get an email stating that given the "length of time" since 2012 and 2013, he was not going to consider these years in his dispute and only wanted to collect money owed from 2014, 2015 and 2016 (as that is to his benefit obviously). He even cited some Supreme Court of Canada rule that there is a statute of limitations of three years on debts owed.
I can't even believe that he would send me a bill for $7000 and then drop two years off when he found out he owed for those years instead of me.
Can someone with legal expertise weigh in here? If he brought this to court, is there a way he can weasel out of arrears for those years? To me, it all has to be considered as a package of 5 years. Stressed about it.


Sent from my iPhone using Tapatalk

rockscan 07-21-2017 10:27 PM

I believe the statute is for cs not section 7 but I could be wrong.


Sent from my iPhone using Tapatalk

Aghast 07-23-2017 09:38 AM

I am not an expert, however I am dealing with potential arrears dated back to 2012. It hasn't been heard yet so I can only talk about what I have read.

My understanding is that there is no statute of limitations on support. The reasons cited is because it would encourage payers to underpay in hopes of getting away with it.

It is, however, scrutinized and there are many things to consider when looking at the years past.

Go to CanLii.org, type in the case name box (it's the middle box),
DBS v. SRG; LJW v. TAR then hit enter. Only 1 case will come up and that is the case law you want to read (it's long), but it explains what the court should look for in relation to arrears.

Rioe 07-23-2017 03:30 PM

Quote:

Originally Posted by Ange71727 (Post 222339)
The saga continues... my ex and I had a bit of a dispute a couple months back over daycare money owing. We had both been incorrectly following our agreement after all these years for daycare payments. I was incorrectly charging him a before tax amount for 2014, 2015 and 2016; however, in the course of investigating all of it, my lawyer and I figured out that he had drastically underpaid for 2012 and 2013. It all cancelled out in the end luckily. I have evidence and documents supporting this.
My ex was under the mistaken notion that I owed him for all 5 years and sent me a bill for $7000. When my lawyer and I presented his lawyer and him with the factual numbers at mediation a couple weeks ago, he didn't look too happy to find out that the $7000 pay day wasn't coming.
Today I get an email stating that given the "length of time" since 2012 and 2013, he was not going to consider these years in his dispute and only wanted to collect money owed from 2014, 2015 and 2016 (as that is to his benefit obviously). He even cited some Supreme Court of Canada rule that there is a statute of limitations of three years on debts owed.
I can't even believe that he would send me a bill for $7000 and then drop two years off when he found out he owed for those years instead of me.
Can someone with legal expertise weigh in here? If he brought this to court, is there a way he can weasel out of arrears for those years? To me, it all has to be considered as a package of 5 years. Stressed about it.

If he sent you something in writing about wanting to go back all the way to 2012, then he will have a hard time retracting that willingness just because it's no longer in his favour the way he expected.

"Your honour, he originally wanted to go back to 2012 (see this letter from him indicating I owe him $7000). When we did all the recalculations correcting past inaccuracies, it worked out fairly evenly (see this spreadsheet). Now, he is retracting his intention to go back to 2012, saying it's more appropriate to only go back to 2014, (see this letter from him indicating I would owe him $X). It seems apparent that his interest is in using whatever method would get him money, not in correcting our previous inaccurate methods to ensure our division of payments for the children has been fair and accurate for both of us all along. I ask that you go by the correct calculations going back to 2012 and declare it a wash, and we can do everything correctly going forward with what we have learned. This is especially important when you consider that the amounts from 2012 and 2013, which he now asks that we set aside, were incorrect due to him not notifying me of his increased income (I think you mentioned this in a previous post).

Ange71727 07-23-2017 05:30 PM

Quote:

Originally Posted by Aghast (Post 222355)
I am not an expert, however I am dealing with potential arrears dated back to 2012. It hasn't been heard yet so I can only talk about what I have read.

My understanding is that there is no statute of limitations on support. The reasons cited is because it would encourage payers to underpay in hopes of getting away with it.

It is, however, scrutinized and there are many things to consider when looking at the years past.

Go to CanLii.org, type in the case name box (it's the middle box),
DBS v. SRG; LJW v. TAR then hit enter. Only 1 case will come up and that is the case law you want to read (it's long), but it explains what the court should look for in relation to arrears.



It's hard to get a straight answer when searching this topic on the internet by this is the general conclusion I have made as well - the agreement is going to take precedence over the "time limit" when it comes to support or section 7. I really cannot see a judge saying sure you can chop two relevant years out of the discussion.


Sent from my iPhone using Tapatalk

Ange71727 07-23-2017 05:36 PM

Quote:

Originally Posted by Rioe (Post 222365)
If he sent you something in writing about wanting to go back all the way to 2012, then he will have a hard time retracting that willingness just because it's no longer in his favour the way he expected.

"Your honour, he originally wanted to go back to 2012 (see this letter from him indicating I owe him $7000). When we did all the recalculations correcting past inaccuracies, it worked out fairly evenly (see this spreadsheet). Now, he is retracting his intention to go back to 2012, saying it's more appropriate to only go back to 2014, (see this letter from him indicating I would owe him $X). It seems apparent that his interest is in using whatever method would get him money, not in correcting our previous inaccurate methods to ensure our division of payments for the children has been fair and accurate for both of us all along. I ask that you go by the correct calculations going back to 2012 and declare it a wash, and we can do everything correctly going forward with what we have learned. This is especially important when you consider that the amounts from 2012 and 2013, which he now asks that we set aside, were incorrect due to him not notifying me of his increased income (I think you mentioned this in a previous post).



Thanks Rioe. When stated this way it makes sense to me that he would have a hard time with this, especially given all the other examples of not following the financial parts of the agreement in the past I could bring up. I guess he's just trying anything he can.


Sent from my iPhone using Tapatalk


All times are GMT -4. The time now is 01:50 AM.

Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.2.0