Is a creditor barred from enforcing arrears of spousal support until after the limitation period has expired?
British Columbia, Canada
The following excerpt is from S.L.M. v. D.R.M., 2011 BCPC 149 (CanLII):
The argument goes further. The application to enforce was not filed until November 2007, after the ten-year limitation period had expired. As set out in Duke v. Duke, 1998 BCSC 1029, the creditor is statute barred from enforcing the arrears of spousal support. The court can only make an order fixing arrears of child support, and the payments to be made towards those arrears.
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