Sentences with phrase «with retroactive child support»

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.

The issue of retroactive of support was dealt with by the Supreme Court of Canada in a case called S. (D.B.) v. G. (S.R.), where the court confirmed that every parent has the obligation to support his or her child, and that retroactive support is not «exceptional».

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 Guidelchild support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support Guidsupport orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support Guidelchild support in accordance with the Federal Child Support Guidsupport in accordance with the Federal Child Support GuidelChild Support GuidSupport Guidelines.

[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).

(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.

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 fulsupport 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 fulsupport in accordance with the Federal Child Support -LSB-... read full Child Support -LSB-... read fulSupport -LSB-... read full post]

The Best Vancouver Retroactive Child Support Lawyers know the payor parent's interest in certainty must be balanced with fairness to the cChild Support Lawyers know the payor parent's interest in certainty must be balanced with fairness to the childchild.

If you have just been served with a petition for child support, you may worry about paying retroactive child support.

(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.

By Andrew Feldstein This decision, written by Justice Stanley Kershman, deals with numerous child support issues including support for adult children, retroactive claims... Read more