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    Lindsay54's Avatar
    Lindsay54 Posts: 3, Reputation: 1
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    #1

    Aug 16, 2012, 09:34 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 16, 2012, 09:39 AM
    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?
    Lindsay54's Avatar
    Lindsay54 Posts: 3, Reputation: 1
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    #3

    Aug 16, 2012, 09:46 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 16, 2012, 09:54 AM
    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?
    Lindsay54's Avatar
    Lindsay54 Posts: 3, Reputation: 1
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    #5

    Aug 16, 2012, 10:07 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 16, 2012, 10:33 AM
    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."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 16, 2012, 11:30 AM
    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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