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  • retroactive chid support

    hello,
    I have been separated from the ex and have our child living with me since then for a year. Is it difficult or wrong to ask for retroactive child support or move past it? I have asked for help from the beginning but he would always get very angry and has threatened to take the child if he has to start paying or go for 50/50 if I ask?

  • #2
    I would not fear asking for 50 50. Just cause he asks for it doesn't mean he's going to get it and it's a long tough road there.

    Do you have a current court order ?


    Sent from my iPhone using Tapatalk

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    • #3
      is there a reason he should not have 50/50?

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      • #4
        We have nothing in place yet, he became increasingly verbally abusive in our child's presence which escalated when I simply asked for financial help for our child. I would like to eventually grow to 50 50 as baby gets older and father moves closer as he and I live 4 to 5 hours away. But the common thing I'd he only says he wants 50 50 is to not pay child support so because or the threats I stopped asking which was his goal

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        • #5
          Originally posted by 4mylove View Post
          We have nothing in place yet, he became increasingly verbally abusive in our child's presence which escalated when I simply asked for financial help for our child. I would like to eventually grow to 50 50 as baby gets older and father moves closer as he and I live 4 to 5 hours away. But the common thing I'd he only says he wants 50 50 is to not pay child support so because or the threats I stopped asking which was his goal
          so he moved away? Yes it does sound like he just wants it for financial reasons and not for the best interest of the child.

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          • #6
            File a motion for support including retroactive. Tell him youre willing to look at 50/50 but will be seeking child support in the interim. You can change cs if that happens, you cant sit waiting for a cs order.

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            • #7
              Is this motion easy to do without using a lawyer? And do I file for custody and access at the same time when doing the cs?

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              • #8
                You should get a lawyer. You could look up the family court forms and motion materials but a lawyer would be much more helpful. As expensive as they are, if your ex is being difficult, a lawyer would be able to stand up to his bs.

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                • #9
                  Thank you very much all

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                  • #10
                    You can't ask got child support retroactive to the date of separation, only to the date you filed an application for child support to court.

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                    • #11
                      Originally posted by trinton View Post
                      You can't ask got child support retroactive to the date of separation, only to the date you filed an application for child support to court.
                      I am not convinced about that. What is your authority?

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                      • #12
                        Originally posted by rockscan View Post
                        File a motion for support including retroactive. Tell him youre willing to look at 50/50 but will be seeking child support in the interim. You can change cs if that happens, you cant sit waiting for a cs order.
                        She can't file a Motion. She mentioned there are no Court orders. What she needs to do is file an Application (Form 8), an Affidavit in Support of Custody and Access (Form 35.1), and a Financial Statement (Form 13).

                        Then she needs to serve it on the father.

                        She should ignore the threats he is making and just do it. If the child has been with her since birth, a status quo will have built up, making it very unlikely he would get custody of the child.

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                        • #13
                          Originally posted by Knowledgeable-Wizard View Post
                          I am not convinced about that. What is your authority?
                          It's well known. Google it

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                          • #14
                            Retroactive CS can go back further than the date the recipient filed legal paperwork - it can go back to the date that the recipient first asked the payor for support. So if you have emails showing that you asked that CS be paid dating back a year or two before you actually go to court, it is possible that you could be awarded retro back to the point which you first raised the issue.

                            It's unlikely but not impossible that support would be awarded retroactive to any point before the first request was made (to avoid the situation where a custodial parent pops up out of nowhere and asks for retroactive payments back to the birth of the child). (I believe the DBS case held that retroactive support can be awarded for up to three years before the recipient first asked for it, but this is not a given - depends on the circumstances of the individual case).

                            Retro support can also predate the court application if there is blameworthy conduct on the part of the payor - e.g. if s/he refused to provide income information or provded false information.

                            There's a good summary here - though this is Ontario, situation could be different elsewhere.


                            Retroactive Child Support in Ontario

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                            • #15
                              Originally posted by Knowledgeable-Wizard View Post
                              I am not convinced about that. What is your authority?
                              Welfare was trying to get child support from me retroactive to a date they alleged they sent me a letter, the judge turned around and said it can only go back to the date an application was brought to court, they got no retroactive claim and had to write it off.

                              If you asked for it in writing and he didn't pay, then I don't know what would happen in that situation, they will generally question the delay in bringing in an application for support. Dad will most certainly consent to pay ongoing child support the case conference meeting and that will look good on him.
                              Last edited by trinton; 08-04-2016, 03:10 PM. Reason: Clarification

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