In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father?
Ontario, Canada
The following excerpt is from Yule (Pope) v. Pope, 2008 CanLII 584 (ON SC):
[20] In Bonair v. Bonair, above, the child was living with the mother and the father wanted a retroactive increase for the time the child was with him. The court felt that such a retroactive increase would cause the child to suffer because the child was with the mother who would have to make the payments. This is a very different set of facts from the case before the court today.
[21] In Trudeau v. Trudeau, above, support was ordered as of the date of the application, being June 6th, 2006. The order sought to be varied was only dated September 15th, 2005, so the brief passage of time makes this case different. Also, the court was concentrating on an issue of whether there was a delay in not accepting a June 2006 offer until 2007. The facts were different.
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