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Retroactive Child Support


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There is clearly authority under both the Divorce Act and the Family Law Act, R.S.O., 1990 for the courts to order retroactive child support.  Whether they do so will depend on a number of factors that are particular to your individual situation.  

Listed below are several cases that have fallen on both sides of the issue: 


Cases where Retroactive Child Support has been awarded


Cases where Retroactive Child Support has not been awarded

In Brett v. Brett (1997), 46 R.F.L. (4th), 433 (Ont.C.A.), the Court of Appeal held that the purpose of child support is to assist the custodial parent in meeting the day-to-day expenses of raising children. Even though the Court recognized that children should have the right to support by the non-custodial parent, it concluded that where the custodial parent with full knowledge of that right chooses not to pursue a claim for interim child support in the pre-trial period, it is open to a trial judge to reject the custodial parentís claim for retroactive child support.

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                                                                  Last modified: April 25, 2011 10:24 PM