W. Division of Matrimonial Property

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 477-477

Page 477

Arrears of support may be set off against the obligor’s equity in the matrimonial home upon the distribution of net proceeds after sale.¹⁸¹Arrears of child support are explicitly recognized in section 21(2)(m) of The Matrimonial Property Act, 1997 of Saskatchewan as a basis for ordering an unequal distribution of matrimonial property and such an order is appropriate where the court is not confident that the obligor will voluntarily pay the arrears and his status as self-employed creates problems of enforcement.¹⁸²

[181] Swerid v. Swerid (1994), 94 Man. R. (2d) 86 (Q.B.); Jukosky v. Jukosky (1990), 31 R.F.L. (3d) 117 (Ont. Ct. Gen. Div.).

[182] Burton v. Burton, [1998] S.J. No. 61 (Q.B.).