When will a retroactive child support order be made against the payor spouse?
British Columbia, Canada
The following excerpt is from Lee v. Chung, 2011 BCSC 404 (CanLII):
When a support order is made retroactive, it is normally retroactive to the date the payor spouse had effective notice of the recipient’s claim. However, this case comes within an exception recognized in DBS v. SRG at para. 124: [...] Not disclosing a material change in circumstances -- including an increase in income that one would expect to alter the amount of child support payable -- is itself blameworthy conduct. The presence of such blameworthy conduct will move the presumptive date of retroactivity back to the time when circumstances changed materially. A payor parent cannot use his/her informational advantage to justify his/her deficient child support payments.
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