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Arrears

A debt that is not paid on the due date adds up and accumulates as 'arrears'.

The amount outstanding on a legal debt.

For example, if you do not pay your rent, the debt still exists and is referred to as "arrears".

Taxes not paid, due and payable and outstanding are tax arrears.

The same word is used to describe child or spousal maintenance or support which is not paid by the due date.

In statutes, the term is used in the Ontario Family Responsibility and Support Arrears Enforcement Act (1996 SO Chapter 31 at canlii.org///on/laws/sta/1996c.31/index.html) not only in the title but also, for example, within:

"Any fees, costs, disbursements, surcharges or other charges charged by an assignee must be charged to the payor and may be added to the amount of arrears owing by the payor and may be collected in like manner as arrears."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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