What is the test for retroactive child support in a family law case?
British Columbia, Canada
The following excerpt is from Hanson v Hanson, 2007 BCSC 649 (CanLII):
Henry v. Henry notes that a court must consider whether a retroactive child support order would impose an unreasonable hardship on the payor parent in determining whether a retroactive award is justified. The defendant claims hardship. His financial statement shows that he has no assets, and that he has no debts. However, there is no information about the financial circumstances of the defendant’s household. It was explained during submissions that the reason why the defendant has no assets is because it is the defendant’s present spouse who owns all of what the family has. She is employed. Her income was not disclosed. The defendant provided no information as to his family’s assets or his family’s income.
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