Retroactive CS question

[Teddie]

My ex and I used to have 50/50 access and joint custody of our 9 year old until she was charged with assaulting our child. The moment she was charged, she stopped contributing to before and after school care and has not helped with any expenses for almost 2 years.


Despite my requests through my lawyer for income disclosure and child support, there hasn't been a dime contributed towards support or section 7 expenses.


The last time we were in family court, the judge accepted my ex's excuse that she had not filed her taxes yet and could not provide proper income disclosure. The judge also said that it might be best to wait until the criminal trial has concluded before determining support obligations. I think it was a ridiculous position for the judge to take as we are at almost 2 years and the trial is still not finished.


My lawyer says that we will be able to claim retroactive child support but I have my doubts.


Can anyone share their experience/advice when trying to claim retroactive support payments?


Thank you

[blinkandimgone]

You can absolutely claim retroactively, especially since you have been pursuing it and not just letting it go. It may take some time, but you will get there.

[kate331]

Be patient, the court system is so slow. My ex too owes retroactive child support, but he is hoping if he waits long enough a Judge will wipe his arrears. He is also using it as a bargaining chip, i.e., if I agree to forgiving the arrears , he will agree to some of my proposed parenting schedule. You need to weigh what she owes against legal fees. Even if you can collect costs its often doesnt cover your legal fees.

I gave up waiting for daycare expenses after a year and applied for a subsidy.

So sorry to hear your child was assaulted by their own parent. That must be a hard situation for a child.

[Teddie]

You can absolutely claim retroactively, especially since you have been pursuing it and not just letting it go. It may take some time, but you will get there.

That was my lawyers stance; make sure we ask so that we have a case. He said if you don't ask, you may not be able to get retroactive payments. I've been keeping receipts for everything.

[Teddie]

Be patient, the court system is so slow. My ex too owes retroactive child support, but he is hoping if he waits long enough a Judge will wipe his arrears. He is also using it as a bargaining chip, i.e., if I agree to forgiving the arrears , he will agree to some of my proposed parenting schedule. You need to weigh what she owes against legal fees. Even if you can collect costs its often doesnt cover your legal fees.

I gave up waiting for daycare expenses after a year and applied for a subsidy.

So sorry to hear your child was assaulted by their own parent. That must be a hard situation for a child.

My lawyer placed a lot of emphasis on making sure we documented all of our requests for income disclosure and child support. If you've done the same that hopefully that will help your case.


It was tough at first, but after almost 2 years my son has adapted well to the new living arrangements and has said he wants to stay here for good no matter what happens in court.

[kate331]

Personally I feel it the other partner is not motivated to settle, i.e. they owe $$$ there is no urgency to settle. And you just wait your turn for the next court appearance that costs you $$$. Or waste money chasing down disclosure through the lawyers.

The bright side for you is your son doing well, and in the end thats all that matters!

[undersc0re]

if you're mom - you have nothing to worry about. If you're dad, well, tough luck.

Welcome to the Canadian family courts. We hope that you will enjoy your stay.

My experience partially with a lawyer, partially without, fully agree with this statement, sux, mind you I dealt with very very grey haired judges, only decent fair realistic judgement I had was the first one, that was a mid to late 40's female judge.