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.
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 Guidelines.
Best
Vancouver Retroactive Child Support Lawyers help family law clients understand the right of their child to proper child support that is based on their true ability to earn income.
The leading BC Court of Appeal case of Green v. Green, explained the factors the court will consider in seeing whether a
BC Retroactive Child Support award is appropriate and should be paid.
Our
Calgary Retroactive Child Support Family Lawyers recommend the best practice is to correct child support each year and to mandate an annual review and exchange of...... Read Full Post
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.
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.
As
with retroactive child support other relevant considerations include the conduct of the payor, the reason for the delay in seeking support on the part of the recipient spouse, and any hardship on the payor spouse occasioned by the award.
In April of 2014, the mother made an application for
retroactive child support claiming s. 3 (Presumptive Rule) arrears and s. 7 (Special or Extraordinary Expenses) arrears pursuant to the Federal Support Guidelines.
I have a court order in which the judge writes «There shall be no further amount
of retroactive child support or ongoing child support as of July 31, 2016 payable by the Applicant to the Respondent.»
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 post]
whether there was a reasonable excuse for the recipient parent failing to make an earlier request for BC Retroactive Child support
Ultimately, the appeal court confirmed that the $ 32,000 lump - sum award was appropriate, and that there was no reason to reduce
the retroactive child support that the father owed.
For example, if you have been requesting child support or even disclosure of income from your ex to determine child support for 5 years without cooperation, then a court may very well order
retroactive child support for 5 years.
A recent Ontario case highlights an interesting «timing» conundrum in Family Law: when a parent applies for
retroactive child support, does it matter that the child over 18 when the application is made?
BC
Retroactive Child Support my accumulate to hundreds of thousands of dollars.
In J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 the BC Supreme Court reviewed the leading Supreme Court of Canada case of Kerr and Barrow and noted that
retroactive child support and retroactive spousal support claims share some but not all of the key principles from the famous Supreme Court of Canada case of DBS.
[16] Mr. Rempel submits first that the trial judge erred in principle by failing to weigh the D.B.S. factors independently in relation to spousal support, adopting instead her assessment of those factors from
the retroactive child support analysis.
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.
[659] In Reis v. Bucholtz, 2010 BCCA 115 (CanLII), the Court of Appeal considered the principles and analysis in DBS with respect to
retroactive child support are applicable to claims for retroactive spousal support (para. 66).
Vancouver
Retroactive Child Support Delay Is Often Fatal Financially 604-602-9000 As a Vancouver Retroactive Child Support family lawyer for nearly 35 years I have handled hundreds of Vancouver retroactive child support cases.
By November 2005, the only remaining issue was
retroactive child support.
Clark v Collins (2018 ONSC 333) father — full - time employment —
retroactive child support — motion to change — lawyer Justice H. Williams
; Charitable Endeavours;
Retroactive Child Support; Wrongful Dismissal: A Primer for Employers; Fillmore Riley News; (3.1 MB) Read more...
In fixing the amount of
retroactive child support, the guidelines should generally be followed: if the date of retroactivity is not prior to May 1, 1997 (when the guidelines came into force) the guidelines should be followed.
I have a court order in which the judge writes «There shall be no further amount of
retroactive child support or ongoing child support as of July 31, 2016...