Child Support: Retroactive and Termination (ON)

Summary

This practice note examines claims for retroactive child support. The presumption-based approach for increasing and decreasing child support retroactively under s. 15.1(1) of the Divorce Act is discussed. The decision to vary from this presumption is ultimately discretionary, with the court considering such factors as the reason for the recipient's delay in the claim, the conduct of the payor, the child's past and present circumstances and whether the award will result in hardship for the payor. Also discussed are events where child support is terminated for the payor spouse under both the Family Law Act and the Divorce Act. It explains that while consenting to terminating events assists a spouse in terminating support, it is not guaranteed that the court will abide by the term of the termination. As well, it outlines that entitlement to child support can be reinstated where dependency is resumed after a period of non-entitlement.