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  • Interest on CS

    Has anyone ever heard of interest being applied on outstanding balances of back child support (not ordered)?

    I have been separated for 3 years, ex has dragged out the process and refused to agree to temporary child support orders along the way. In fact, ex has prolonged the process by continually lying and forging financial documents (not proven 100% but fairly obvious). He also refused to settle on the matrimonial home which I have been staying in and paying for since pretty much day 1. He recently requested an assessment of the home which has obviously increased in value during this time and is suggesting that his back-support should be covered by his eventual share of the increased value of the matrimonial home. what's starting to bother me is the unfairness that he's able to "gain" in the increase in value of the home after 3 years while I gain nothing on the debt owed to me for child support. The amount is around $5K at a 2% rate.

    Anyone have experience with this?

  • #2
    Yes there is interest. My lawyer's law clerk explained to me that the there is a standard interest rate of 2% the courts apply (in Ontario). I had thought to demand something more along the lines of what I'd been paying on a line of credit, while waiting for CS to start being paid.

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    • #3
      If you ask for pre and post judgment interest in your pleadings then you can receive interest on the arrears. This amount will typically be as set out in the Courts of Justice Act, which varies every three months I believe.

      As Mess indicates above the current rate is 2%, and has been so for the past six months.

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