Does a retroactive increase in child support apply in circumstances where the payor's income has been reduced?

New Brunswick, Canada


The following excerpt is from KLW v LPW, 2012 NBQB 91 (CanLII):

As explained in Brown v. Brown, supra, the factors that required weighing and assessing for purposes of determining whether there should be a retroactive increase (as conducted above) do not apply in circumstances where the question is whether the payor is entitled to a retroactive decrease in child support. The real question here is whether there has been a reduction in the income upon which the child support order was originally made.

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