What is the effect of a long-term disability on a retroactive child support award?
Ontario, Canada
The following excerpt is from Simone v. Van Nuys, 2021 ONCJ 652 (CanLII):
[207] Despite the above, any kind of hardship is not a necessary antecedent to making a retroactive support award. A payor’s support obligation does not disappear when the child no longer requires support. If this factor were to tip the balance against making a retroactive award, then, in essence, the payor will have profited from “holding off” on paying increased child support. See Michel v. Graydon, supra, at par. 122.
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