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Old 08-09-2017, 11:05 AM
lee1869 lee1869 is offline
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Join Date: Feb 2010
Location: Owen Sound, ON
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Default Time limit for requesting retro adjustment to CS

My daughter is 23 and has decided she will not return to school this September. Therefore, I understand and agree that CS obligations shall cease.
The child support arrears on record exceed $20,000 and this amount is accrued at an amount established in 2004. Several attempts in and out of court were made to request that he pay the tabled amount but he never complied and I was not positioned financially to pursue court intervention. He has finally surfaced and wants to deal with his arrears. I believe that his arrears should be adjusted to reflect the tables. However, I understand that I may not be able to do this because she is no longer a student. I have sought guidance from 3 different lawyers and received 3 different responses. There are extenuating circumstances that I believe may justify my claim for retroactive adjustments. This includes years of verbal and physical assaults on both the child and myself, chronic CS arrears creating hardship, payor initiating nonsense court claims creating more hardship, payor deliberately concealed his address and telephone number so no way to contact from 2014 until he was sure she was done school.

My questions: Should I take legal action to pursue retroactive adjustments or have I exhausted my time limit despite extenuating circumstances? I have tried to find jurisprudence in CanLii without success. Does anyone know of similar cases and outcomes?

Thank you for your time and consideration.
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