Does anyone know whether retroactive child support can be claimed in Ontario, or in what circumstances. I understand there may be some limitations, I know one is that it may only go back 3 years.
Essentially, in my case, we split up in June 2007, had some vague one-on-one negotiations through the fall, and actual letters from lawyers mentioning CS weren't sent until spring 2008.
My ex's lawyer is now saying that since a claim wasn't made until 2008, retro would only go back to then. Is there any hard rule about this?
Intuitively I would have thought that the entitlement to support was to the children, and it was automatic, so retro would have to go back to separation date. However in what I've been able to find in my reading, this is true in Alberta but it's not so clear in Ontario.
Any advice appreciated.
Essentially, in my case, we split up in June 2007, had some vague one-on-one negotiations through the fall, and actual letters from lawyers mentioning CS weren't sent until spring 2008.
My ex's lawyer is now saying that since a claim wasn't made until 2008, retro would only go back to then. Is there any hard rule about this?
Intuitively I would have thought that the entitlement to support was to the children, and it was automatic, so retro would have to go back to separation date. However in what I've been able to find in my reading, this is true in Alberta but it's not so clear in Ontario.
Any advice appreciated.
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