1,399
edits
Line 181: | Line 181: | ||
*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." |
edits