Is retroactive child support a "windfall" to the recipient?

Nova Scotia, Canada


The following excerpt is from Cox v. Hanrahan-Cox, 2011 NSSC 182 (CanLII):

The fact that a retroactive payment may be considered to result in a “windfall” to a recipient does not necessarily defeat an argument in favor of that payment. Requiring the payment of retroactive awards should provide payor’s with an incentive to provide the appropriate amount of child support in a timely fashion. Knowing that payment of the proper amount of child support will be ordered at a later date should encourage that timely payment. However, the court must be able to articulate some discernible benefit accruing to the children from that retroactive payment. (Bonair v. Bonair, [2007] CarswellOnt 4666 (S.C.J.); additional reasons at [2007] CarswellOnt 5089 (S.C.J.)). Existing Court Order or Agreement

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