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.
1 Answer from Attorneys
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.