What is the definition of effective notice in the context of retroactive child support?

Prince Edward Island, Canada


The following excerpt is from S.K.M. v. F.E.M., 2012 PECA 3 (CanLII):

With respect, this constitutes an error of law because it fails to appreciate the meaning of effective notice as set down by Bastarache J. in D.B.S. where he held that effective notice is "… any indication by the recipient parent that child support should be paid, or if it already is, that the current amount of child support needs to be re‑negotiated." As I pointed out above this definition of “effective notice” was adopted by Cromwell J. in Kerr v. Baranow. Cromwell J. made this definition subject to the qualification that it applies as the default commencement date for the payment of retroactive spousal support unless there are circumstances where a judge might otherwise exercise his or her discretion and select another commencement date, such as the date upon which there was in fact a material change in circumstances.

Other Questions


What is the appropriate amount of table child support for an adult child? (Prince Edward Island, Canada)
What is the effect of the finding that W.D. was a child in need of protection and the disposition placing her in the care of the Director of Child Protection? (Prince Edward Island, Canada)
When is a request for retroactive child and spousal support considered? (Prince Edward Island, Canada)
What is the definition of “use” and what is the effect of the use when the use is limited to a 3.08 acre parcel? (Prince Edward Island, Canada)
What is the scope of appeal review of child support awards? (Prince Edward Island, Canada)
What factors are considered to be relevant in the context of violence between the parents of a child apprehended by Children’s Aid Society of Halton Region? (Prince Edward Island, Canada)
What is the test for reducing income for the purpose of avoiding child support obligations? (Prince Edward Island, Canada)
What is the effect of s. 34(1)(b) of the Child Protection Act, C-5.1? (Prince Edward Island, Canada)
Is relocation of a child by one parent a material change in the circumstances of the child? (Prince Edward Island, Canada)
When will a court order a contextual analysis in the context of a claim? (Prince Edward Island, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.