Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"

Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)

21 bytes added , 17:23, 26 June 2019

m

1,399

edits

@@ Line 202: / Line 202: @@
 *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 their financial circumstances change following the making of an order or agreement 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,
+<blockquote>
-*#any blameworthy conduct on the party of the payor,
+*any excuse for the recipient’s delay in seeking an increase in support,
-*#the circumstances of the child, and,
+*any blameworthy conduct on the part of the payor,
-*#any hardship that a retroactive award would cause to the payor.
+*the circumstances of the child, and
+*any hardship that a retroactive award would cause to the payor.
+</blockquote>
 *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.
 <!---HIDDEN