Sea to Sky Law Blog

Retroactivity

Posted by Andrew Liggett | Aug 24, 2023 | 0 Comments

NOTE - our Supreme Court of Canada, our highest court in Canada, has clarified the law about retroactive child support and made other important policy statements.

By a full unanimous decision stated at the hearing on 14 November 2019, with written reasons 18 September 2020, the Court confirmed that child support is a common law right of the child which should not be limited except by clear, express legislation. That the right to support including retroactive support arises upon birth not because of any legislation nor upon the start of a Claim. Further, that the 2006 decision known as DBS was only interpreting the Divorce Act not any Provincial law, and law should not be a jurisdictional bar to the child's right.

Any concern about delay by the recipient to make a claim is reduced by the fact that the payor is avoiding their known responsibility to pay support as Child Support Guidelines calculate. Wrong doing by the payor should not be encouraged nor rewarded by allowing them to escape a debt owed. Wrong doing is defined as including "...anything that privileges the payor parent's own interests over their children's right...."

NOTE - FLA retroactive child support is not barred because the child is now an adult, and the arrears can be paid to child and or the parent. DBS factors must be used to determine fairness.

About the Author

Andrew Liggett

Mr. Andrew Liggett, BA JD CD, Esquire Our Firm Founder Andrew has decades of successful experience representing clients throughout British Columbia in all levels of court including the Provincial Court, the Supreme Court and the Court of Appeal. Andrew completed a Bachelor's Degree in Political...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Sea to Sky Law Group is committed to answering your questions about, Estate, Business, Mediation, and Dispute Resolution issues in British Columbia. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Sea To Sky Law Group HEAD OFFICE
604-630-9782 (fax)
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm

Menu