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ARTICLE · 05 SEPTEMBER 2017

Am I On The Hook To Pay Child Support Retroactively?

Devry Smith Frank LLP
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Toronto Family Lawyer Ira Marcovitch was recently asked the following question: Can child support payments be retroactive?

CanadaFamily and Matrimonial
Devry Smith Frank LLP
Devry Smith Frank LLP
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Toronto Family Lawyer Ira Marcovitch was recently asked the following question:

Can child support payments be retroactive? My former spouse never claimed child support and on top of that refused to take support payments from me for years. Recently, my former spouse has gotten into some financial trouble and filed an application for me to start paying child support. Will I have to pay child support retroactively from the date of our separation or will it start from the date of the application?

Ira's Answer:

The short answer is it depends. Family Courts can order retroactive child support in certain circumstances. In 2006, the Supreme Court of Canada ruled on the issue of retroactive child support in D.B.S. v S.R.G. The Court looked at when retroactive child support can be ordered and in what circumstances. The Court provided a list of factors to take into account when child support can or should be ordered.

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