Retroactive Child Support

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Retroactive Child Support

Child Support
A child is eligible for child support and parents have an obligation to support a dependent child.

Child support is determined by the Federal Child Support Guidelines. Each province has a table under the Federal Child Support Guidelines specifying the child support payable.

Child’s Primary Residence
If a child primarily resides with one parent the other parent has to pay child support. In other words, the parent with physical custody of the child is entitled to receive child support from the non-custodial parent.  Child support is payable to cover the cost of food, shelter, and basic necessities for the child.

Retroactive Child Support
Child support can be awarded retroactively to the date when the recipient can prove s/he first requested child support. The best way to communicate with your former spouse is in writing by way of e-mail or text message, to keep records of communications.

If you are unable to prove that you requested child support, the Judge may award child support from the date that you started the court case. Usually, Courts limit claims for retroactive child support to three years prior to the request being made.

Income Disclosure
In order to ensure that child support payment keep up with the financial circumstances of the payor, the law mandates ongoing disclosure of income by the support payor. If a support payor’s income increases s/he should notify the support recipient and provide financial disclosure. If a support payor’s income decreases s/he shall either bring a motion to change child support or enter into a written consent agreement with the support recipient.


 


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