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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 20:31, 3 May 2013
, 20:31, 3 May 2013→Factors in making retroactive child support awards
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*"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." | ||
*The recipient's delay will not be considered if | *The recipient's delay will not be considered if the recipient feared the payor's reaction or lacked "the financial or emotional means to bring an application, or was given inadequate legal advice." | ||
*"Courts should not hesitate to take into <span class="noglossary">account</span> a payor's blameworthy conduct," and courts should "take an expansive view of what constitutes blameworthy conduct." | *"Courts should not hesitate to take into <span class="noglossary">account</span> a payor's blameworthy conduct," and courts should "take an expansive view of what constitutes blameworthy conduct." | ||
*Blameworthy conduct is "anything that privileges the payor parent's interests over his/her children's right to an appropriate amount of support," such as hiding income increases or intimidating a recipient from seeking an increase in support. | *Blameworthy conduct is "anything that privileges the payor parent's interests over his/her children's right to an appropriate amount of support," such as hiding income increases or intimidating a recipient from seeking an increase in support. | ||