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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"
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Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 20:37, 1 May 2013
, 20:37, 1 May 2013→How much retroactive child support should be ordered
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*A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | *A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | ||
*In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or agrement dealing with child support. In making such an order, the court must consider: | *In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or agrement dealing with child support. In making such an order, the court must consider: | ||
#any excuse for the recipient’s delay in seeking an increase in support | #any excuse for the recipient’s delay in seeking an increase in support, | ||
#any blameworthy conduct on the party of the payor | #any blameworthy conduct on the party of the payor, | ||
#the circumstances of the child | #the circumstances of the child, and, | ||
#any hardship that a retroactive award would cause to the payor. | #any hardship that a retroactive award would cause to the payor. | ||
*If a retroactive award is made, the award should be made retroactive to the date notice is given of the recipient's intention to seek an increase in the amount of support, but to a limit of three years. Where the payor’s conduct is blameworthy, then the support should be retroactive to the date of the change in the payor’s financial circumstances, and may be retroactive beyond the three-year mark. | *If a retroactive award is made, the award should be made retroactive to the date notice is given of the recipient's intention to seek an increase in the amount of support, but to a limit of three years. Where the payor’s conduct is blameworthy, then the support should be retroactive to the date of the change in the payor’s financial circumstances, and may be retroactive beyond the three-year mark. | ||
