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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-01-2017, 08:25 PM
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Happy New Year! (Yeah right)

So upon further reading of case law, I'd like to add some insight in regard to retroactive child support and "struggling"

I made mention that during this time that I had, unknowingly, been underpaying my child support obligations, my ex was not struggling. She drove an SUV managed to save up and buy a house, go on trips etc.

I was told that when it came to cs that none of the above mattered. Hopefully this case can shed some light on the matter of struggling and cs arrears, and maybe help some people who are facing significant arrears.

Found:
http://https://www.canlii.org/en/on/onca/doc/2004/2004canlii36110/2004canlii36110.html

The purpose of child support is to assist the custodial parent in meeting the day-to-day expenses of raising children. A party seeking retroactive child support must provide evidence that the child suffered from a lack of financial support during the period in question. Ability to pay, as well as need, must be considered by the trial judge in the exercise of his or her discretion. para. 16

Nothing in the Divorce Act, the Guidelines or this court's case law gives a judge a freestanding right to recalculate and then adjust child support retroactively. para. 21

failure to disclose an increase in income does not allow a court to award a retroactive increase in child support para. 24

This is one example of why I have been stating that my ex did not suffer (and for that matter nor did my children) during this time of incorrect cs payments.

This is from a Court of Appeal in 2004. Does anyone know if this has changed since then?

Also, there was already an order for support where in my case there was not.

Any thoughts? Am I missing anything that will embarrass me when I bring this up in court?

Thank you
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