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-   -   Statue of limitations family court in ontario (https://www.askmehelpdesk.com/showthread.php?t=694349)

  • Aug 16, 2012, 09:34 AM
    Lindsay54
    Statue of limitations family court in ontario
    I was curious if there was a statue of limitation on the amount of time a person could claim spousal support after a separation date. On August 1st 2004 my wife voluntarily left the family home to live with a gentleman after she admitted having a adulterous affair with, after August 1st 2006 she started proceedings to claim spousal support, isn't there a 2 years statue on regarding this matter
  • Aug 16, 2012, 09:39 AM
    JudyKayTee
    Quote:

    Originally Posted by Lindsay54 View Post
    I was curious if there was a statue of limitation on the amount of time a person could claim spousal support after a separation date. On August 1st 2004 my wife voluntarily left the family home to live with a gentleman after she admitted having a adulterous affair with, after August 1st 2006 she started proceedings to claim spousal support, isn't there a 2 years statue on regarding this matter


    No, there's no Statute. Are you saying that in 2006 she asked for ongoing support OR she filed for support from 2004-2006?
  • Aug 16, 2012, 09:46 AM
    Lindsay54
    Hi Judy, after the 2 years had surpassed I August 2006 and her relationship with this individual soured she started proceedings to initiate spousal support against me
  • Aug 16, 2012, 09:54 AM
    JudyKayTee
    Quote:

    Originally Posted by Lindsay54 View Post
    Hi Judy, after the 2 years had surpassed I August 2006 and her relationship with this individual soured she started proceedings to initiate spousal support against me


    If she asked for ongoing support, yes, she can file for it - there is no Statute.

    Now, if you had divorced her or filed for legal separation that would have been covered in the papers.

    If she filed in 2006, why are you asking about it now?

    Or am I missing something?
  • Aug 16, 2012, 10:07 AM
    Lindsay54
    Through the system in Ontario, I have been paying her $1,000.00 each month since 2006. It was just recently someone mentioned to me that I should look into this as there might be some statue of limitations act that could come into play and she might have exceeded the time frame allowed to receive anything back when she initiated this
  • Aug 16, 2012, 10:33 AM
    JudyKayTee
    Quote:

    Originally Posted by Lindsay54 View Post
    through the system in Ontario, i have been paying her $1,000.00 each month since 2006. It was just recently someone mentioned to me that i should look into this as there might be some statue of limitations act that could come into play and she might have exceeded the time frame allowed to receive anything back when she initiated this


    In a word, "no."
  • Aug 16, 2012, 11:30 AM
    ScottGem
    The question is whether you filed for and obtained a divorce when she left on Aug 1 2004. If no divorce proceedings were initiated at the time, then there was no time clock running.

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