If you have just been served with a petition for child support, you may worry about
paying retroactive child support.
Tom was found in contempt and ordered to
pay retroactive child support based on each of his increased earnings year to year, interest on the outstanding arrearage amount, and Julie's attorney fees.
Not exact matches
If your spouse makes a successful claim for
child and / or spousal
support, that order can be
retroactive, and would force you to
pay support for the months before the order was made.
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.
Since the Supreme Court of Canada decision in D.B.S. v. S.R.G. 2006 SCC 37,
retroactive child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support Guidel
child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support Guid
support orders have been made pretty frequently against parents who have not been
paying child support in accordance with the Federal Child Support Guidel
child support in accordance with the Federal Child Support Guid
support in accordance with the Federal
Child Support Guidel
Child Support Guid
Support Guidelines.
While this particular set of facts is fairly uncommon, the case should serve as a stark reminder to payor parents that if you are not
paying child support you could end up facing a hefty order for
retroactive child support.
Fortunately, the ONCA goes on to reference another, more sound, reason why the appellant should not be required to
pay the
retroactive sum, noting that it would constitute a hardship for her (a likely reference to the undue hardship exception in s. 10 of the
Child Support Guidelines).
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.
Any portion of lump sum payments of
retroactive Social Security Disability benefits
paid to
children not credited against the existing
child support arrearage is properly treated as a gratuity to the
children.
Since the Supreme Court of Canada decision in D.B.S. v. S.R.G. 2006 SCC 37,
retroactive child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support -LSB-... read full
child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support -LSB-... read ful
support orders have been made pretty frequently against parents who have not been
paying child support in accordance with the Federal Child Support -LSB-... read full
child support in accordance with the Federal Child Support -LSB-... read ful
support in accordance with the Federal
Child Support -LSB-... read full
Child Support -LSB-... read ful
Support -LSB-... read full post]
Mr. MacLean succeeded in having the court use all of the companies pre-tax profits for the SSAG calculation based on BCCA law from the cases of Klukas and Teja, defeating the husband's spousal
support claim that double dipping applied to BC spousal
support and a lower BC spousal and BC
child support payment should thus be
paid, blocking any $ 350,000 cap argument where BC spousal
support is not increased on high salaries above $ 350,000 per year and finally in having the
child support portion of the order made
retroactive so a large lump sum payment was received for the
children's benefit.
Retroactive child support can not be collected if the non-custodial parent is unable to
pay or if the need for
child support during that period did not exist.
When
retroactive child support is
paid after the court order, the non-custodial parent can
pay in one lump sum or in payment installments.
-LSB-...] Section 61.30, Florida Statutes, provides that a court can order a parent to
pay up to two years» worth of
retroactive child support.
[Sole custody to father, facility - supervised access for mother at her own expense, mother to
pay child support, no
retroactive child support to mother, mother found in contempt, $ 5000 fine.]»