Changing Family Law Orders, Awards and Agreements Involving Child Support: Difference between revisions
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Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 23:14, 21 May 2013
, 21 May 2013→The basic law: L.S. v. E.P.
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===The basic law: ''L.S. v. E.P.''=== | ===The basic law: ''L.S. v. E.P.''=== | ||
The case of ''[http://canlii.ca/t/52lj L.S. v. E.P.]'', 1999 BCCA 393 a 1999 decision of our Court of Appeal, used to be the most important case on this issue in British Columbia, and still is the most important case for orders made under the ''[[Family Law Act]]''. In this case, the court set out the factors that should be considered in deciding whether there should or should not be a retroactive order for support: | The case of ''[http://canlii.ca/t/52lj L.S. v. E.P.]'', 1999 BCCA 393, a 1999 decision of our Court of Appeal, used to be the most important case on this issue in British Columbia, and still is the most important case for orders made under the ''[[Family Law Act]]''. In this case, the court set out the factors that should be considered in deciding whether there should or should not be a retroactive order for support: | ||
<blockquote>"A review of the case law reveals that there are a number of factors which have been regarded as significant in determining whether to order or not to order retroactive child maintenance. Factors militating in favour of ordering retroactive maintenance include:</blockquote> | <blockquote>"A review of the case law reveals that there are a number of factors which have been regarded as significant in determining whether to order or not to order retroactive child maintenance. Factors militating in favour of ordering retroactive maintenance include:</blockquote> | ||
