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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"
From Clicklaw Wikibooks
Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 17:20, 26 June 2019
, 17:20, 26 June 2019→Factors in making retroactive child support awards
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*The child must be eligible to receive support when the application for retroactive support is made; "child support is for children of the marriage, not for adults who used to have that status." | *The child must be eligible to receive support when the application for retroactive support is made; "child support is for children of the marriage, not for adults who used to have that status." | ||
*The court has the discretion to award or not award retroactive support, but retroactive awards "need not be seen as exceptional." | *The court has the discretion to award or not award retroactive support, but retroactive awards "need not be seen as exceptional." | ||
*Retroactive child support should not be awarded if the child would not actually benefit from the award | *Retroactive child support should not be awarded if the child would not actually benefit from the award or if the award would cause hardship to the payor. | ||
*"A court should strive for a holistic view of the matter and decide each case on the basis of its particular facts." | *"A court should strive for a holistic view of the matter and decide each case on the basis of its particular facts." | ||
*The recipient's delay in seeking an increase in support will not favour a retroactive award where the recipient "knew higher support payments were warranted, but decided arbitrarily not to apply." | *The recipient's delay in seeking an increase in support will not favour a retroactive award where the recipient "knew higher support payments were warranted, but decided arbitrarily not to apply." | ||
