Such a conceptual formulation does not aim at making
children blameworthy but rather focuses on the perspective that, within a family system, all the members are contributors to the interactional process.
Not exact matches
There are also two general rules that apply to such scenarios: 1) retroactive
child support extends back three years from the date the paying spouse is given notice (for example by the fact that an application for an adjustment to support is launched with the court), unless there has been
blameworthy conduct; and 2) the
child must be a «
child of the marriage» — and therefore eligible to receive support — at the time the application is made.
Next, the test for whether retroactive support should be granted involves a court considering: 1) the reasons for delay, 2) any
blameworthy conduct by the paying parent; 3) the circumstances of the
children; and 4) any hardship experienced by the paying parent.
The court also considered the other enunciated factors: in law, «
blameworthy conduct» could include failure to pay
child support (which was not the case here), but the refusal to disclose income had to be viewed against the fact that the mother did not request disclosure until 2011, which was almost 13 years after the initial
child support order had been made.
In doing so the Judge decided that the mere fact of not having paid
child support was at the high end of
blameworthy conduct.
Surrey
blameworthy conduct and retroactive support cases involve an assessment of the conduct by a paying spouse that can affect how far back a correction or start date for the right amount of
child and spousal support goes.