Sentences with phrase «awarding retroactive child support»
99 I will now proceed to discuss the factors that a court should consider before awarding retroactive child support.
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New York courts routinely award retroactive child support to the custodial parent to cover expenses she incurs while...
Not exact matches
Calver v. Calver 2014 ABCA 63 Family Law — Divorce — Corollary relief — Maintenance and awards — Retroactive awards A father applied to vary child support payable for the parties» three children.
On appeal at the Supreme Court the Judge decided to overturn the 19 years of retroactive support, awarding support to the date that the mother first asked for child support (in 2013) instead.
Our retroactive spousal support lawyers know that generally getting speaking, getting an award of retroactive child support is easier than getting an award of retroactive spousal support.
[28] I agree that delay by an applicant seeking spousal support will weigh more heavily against a retroactive award than would be the case on an application for retroactive child support.
(D.B.) v. G. (S.R.), 2006 SCC 37 (S.C.C.)(«D.B.S.») is the landmark precedent setting out the factors to be considered in determining whether a retroactive award of support is appropriate, but that case dealt with child support, and the factors were:
At paras. 207 and 208 of that decision, Cromwell J. noted that: While D.B.S. was concerned with child as opposed to spousal support, I agree with the Court of Appeal that similar considerations to those set out in the context of child support are also relevant to deciding the suitability of a «retroactive» award of spousal support.
The award of Social Security Disability benefits retroactive to a specific date does not modify a noncustodial parent's child support obligation to the same date.
(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition.