Legal Question in Credit and Debt Law in Canada

Liens on property to collect on child support arrears in British Columbia

Can the BC government (Maintenance Enforcement Program) keep a lien on your property even though all child support arrears have been paid? The worker said that they can keep it on until the child reaches the age of majority.


Asked on 6/03/09, 9:05 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Liens on property to collect on child support arrears in British Columbia

A lien is discharged when the amount owing is paid off but this sort of charge against land is a Statutory Charge and is not discharged when any amounts owing are paid off. This sort of charge is not a lien at all, but is a charge authorized by a Statute and is registered as security for an ongoing maintenance obligation. It has nothing to do with whether or not there are arrears of support - it is strictly a form of security. If there are arrears there are other charges that can be registered against the land in addition.

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Answered on 6/03/09, 11:11 pm


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