Calgary Alberta Retroactive Child Support Lawyers deal with issues related to a start date for support or an increase or decrease in support that goes back in time. In today’s blog, by Peter Graburn one of our highly rated senior Calgary Alberta Retroactive Child Support Lawyers explains the rules and how to avoid pitfalls in a Calgary Alberta Retroactive Child Support case.
Calgary Alberta Retroactive Child Support 403-444-4403
Retroactive Child Support – Looking back! Is retroactive support like the hit Cher Song “If I could turn back time“?
Calgary Alberta Retroactive Child Support Lawyers often encourage separating couples to look forward and not dwell on the past, particularly if they need to maintain a relationship in the future, usually regarding their children. But sometimes you need to look back, especially if no (or not enough) child support has been paid since separation. Court applications for back Calgary child support are called “retroactive” support applications, and they can be tricky.
Calgary Alberta Retroactive Child Support Lawyers Explain DBS And The Rules
In the leading case of D.B.S., the Supreme Court of Canada set out the law on retroactive child support applications. The Court confirmed the underlying principle that child support is the right of the child who is entitled to receive this back support (through the custodial parent) even if a Court Order was never granted. The non-custodial parent must know they have an obligation to pay child support, even if the custodial parent never asked for it. However, this obligation to pay support does not automatically go back to the date of separation, and the paying parent is entitled to some flexibility and fairness about their payment of retroactive child support.
Calgary Alberta Retroactive Child Support Lawyers 3 Years Or More?
So, how far back can you go?
Generally, the Supreme Court indicated you can usually go back 3 years for retroactive child support (based primarily on the timeline for financial disclosure obligations set out in the federal and provincial Child Support Guidelines). But the Court then went on to set out a very formal process for bringing an application for retroactive child support, including the following stages:
Can you go back?: In determining if someone can claim retroactive child support, the Court will look at four factors:
- Delay – why did the custodial parent wait to claim retroactive support?;
- Blameworthy Conduct – did the paying parent do something to prevent the custodial parent from claiming support?;
- Prejudice – would the paying parent suffer financially from a retroactive support award?;
- Hardship – did the children suffer from not having received the necessary support?
All of these factors must be considered together in a ‘holistic’ approach.
How far back?: Once it is determined if someone can claim retroactive child support, it then becomes a question of how far back one can go. As indicated before, the Supreme Court stated someone can normally go back three years, unless there is a reason to go back further. One reason is if the paying parent has demonstrated “blameworthy conduct” which would allow the custodial parent to claim retroactive support to the time of the blameworthy conduct. Common examples of “blameworthy conduct” are hiding or not disclosing income, or intimidating the custodial parent into not bringing a claim for child support, etc., but it is up to the Court to determine whether any particular negative conduct by the paying parent should be considered ‘blameworthy conduct”.
Show Me The Money Say Calgary Alberta Retroactive Child Support Lawyers
How much?: Once it is determined how far back one can go for retroactive support, it then becomes a question of how much retroactive support should be paid. The Courts will apply the paying parent’s guideline income to the appropriate Child Support Guidelines for the period of retroactive support, and may adjust the total amount of retroactive support to make sure the amount payable is fair for all parties and meets the overall principles of the guidelines.
Summary: As indicated above, retroactive child support applications are tricky – the process set out by the Supreme Court of Canada for determining whether a retroactive child support Order should be granted is detailed and lengthy, and Courts are hesitant to make such an Order unless all the principles and factors have been addressed with substantial, unequivocal evidence.
Calgary Alberta Retroactive Child Support Lawyers Say Don’t Delay! Call 403-444-5503 Today
Calgary Alberta Retroactive Child Support Lawyers assist their clients in navigating the tricky process for either bringing or defending (and winning!) a retroactive child support application by highlighting the rights and responsibilities of both the custodial parent and the child support paying parent. For more free information on retroactive child support click here.
