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Old 10-30-2016, 06:11 PM
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Another thing you will come across in some case law which might be of relevance to your situation:

When considering whether to award retroactive child support, the court should consider the following factors: whether there is a reasonable excuse for why support was not sought earlier; the conduct of the payor parent; the circumstances of the child; and the hardship that may be occasioned by a retroactive reward (See S. (D.B.) v. G. (S.R.), 2006 SCC 73)

1. If you "underpaid" for several years, and were providing full financial disclosure, what is your ex's excuse for not rectifying this situation before?

2. What sort of hardship or would you experience should you be ordered to pay CS arrears? Could the award of arrears be considered as a "windfall" for your ex?

Some things to ponder perhaps.
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