In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation?

Ontario, Canada


The following excerpt is from Cook v. Cleverdon, 2005 ONCJ 262 (CanLII):

[79] In my view, Walsh v. Walsh, supra, does not stand for the fact that all factors must be present. The court underlined the need and ability to pay and indicated that “other factors may also affect the decision to award retroactive child support”.

Other Questions


What is the relevant date for retroactivity of basic child support for the purposes of retroactive child support? (Ontario, Canada)
In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father? (Ontario, Canada)
Is retroactive spousal support retroactive from the date of separation retroactively retroactive? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
In what circumstances will a court grant a motion to terminate child support on the basis that the child is no longer a child of the marriage? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Is retroactive child support an appropriate way to enforce the existing child support obligation? (Ontario, Canada)
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support? (Ontario, Canada)
What is the scope of the court's authority to change a child support order or adjust outstanding child support under subsection 37(2.1)? (Ontario, Canada)
In what circumstances will a court order a father to pay child support for the cost of busing to a special school? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.