What is the test for retroactive child support when the payor parent is found to have earned more income than previously estimated?
British Columbia, Canada
The following excerpt is from J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 (CanLII):
Trial judges are directed to order retroactive support to “top up” interim child support orders if they determine that the payor parent earned more income than was known at the time interim child support is determined: Tedham v. Tedham, 2003 BCCA 600 at para. 63 [Tedham].
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