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 23:15, 21 May 2013
, 21 May 2013→How much retroactive child support should be ordered
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
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*Retroactive awards must ensure that the amount "fits the circumstances." | *Retroactive awards must ensure that the amount "fits the circumstances." | ||
*"Blind adherence to the amounts set out in the applicable Tables is not required — nor is it recommended." | *"Blind adherence to the amounts set out in the applicable Tables is not required — nor is it recommended." | ||
*"It will be easier to show that a retroactive award causes undue hardship" than it is to show | *"It will be easier to show that a retroactive award causes undue hardship" than it is to show that a normal child support order causes undue hardship. | ||
*A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | *A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | ||
*In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or agreement dealing with child support. In making such an order, the court must consider: | *In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or agreement dealing with child support. In making such an order, the court must consider: | ||
#any excuse for the recipient’s delay in seeking an increase in support, | *#any excuse for the recipient’s delay in seeking an increase in support, | ||
#any blameworthy conduct on the party of the payor, | *#any blameworthy conduct on the party of the payor, | ||
#the circumstances of the child, and, | *#the circumstances of the child, and, | ||
#any hardship that a retroactive award would cause to the payor. | *#any hardship that a retroactive award would cause to the payor. | ||
*If a retroactive award is made, the award should be made retroactive to the date notice is given of the recipient's intention to seek an increase in the amount of support, but to a limit of three years. Where the payor’s conduct is blameworthy, then the support should be retroactive to the date of the change in the payor’s financial circumstances, and may be retroactive beyond the three-year mark. | *If a retroactive award is made, the award should be made retroactive to the date notice is given of the recipient's intention to seek an increase in the amount of support, but to a limit of three years. Where the payor’s conduct is blameworthy, then the support should be retroactive to the date of the change in the payor’s financial circumstances, and may be retroactive beyond the three-year mark. | ||
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