Is retroactive pay included as income for child support purposes?

New Brunswick, Canada


The following excerpt is from J.L. v. J.M.1, 2010 NBQB 270 (CanLII):

Section 16 of the Federal Child Support Guidelines stipulates that subject to sections 17 to 20, annual income is determined using the sources of income set out under the heading “total income” in the T1 General, subject to adjustments which have no application in this case. Retroactive pay is one of those sources and was included as income for child support purposes in A.(J.H.) v A.(C.G.), 2008 CarswellMan 126 and Hamonic v. Gronvold 1999 CarswellSask 29.

Other Questions


Is a retroactive pay equity settlement and interest on it income for child support purposes? (New Brunswick, Canada)
Can a father benefit from a retroactive reduction of child support arrears based on reduced income in the years 2016- 2018? (New Brunswick, Canada)
In what circumstances will the court impute income for the purposes of determining child support? (New Brunswick, Canada)
Does a retroactive increase in child support apply in circumstances where the payor's income has been reduced? (New Brunswick, Canada)
What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working? (New Brunswick, Canada)
In what circumstances will a spouse not receive spousal support from her husband's increased income? (New Brunswick, Canada)
What is the test for establishing that a child is still a child of the marriage when they are 18 years old? (New Brunswick, Canada)
What is the test for undue hardship in child support? (New Brunswick, Canada)
What is the impact of a father’s actions at a child support hearing on access? (New Brunswick, Canada)
What is the purpose and obligation of the Court of Arbitration for Human Rights in Canada to return a child who has been wrongfully removed or retained to the country of habitual residence? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.