March 21, 2024 – Retroactive Child Support

“In considering whether to order retroactive child support, “unreasonable delay by the recipient parent in seeking an increase in support will militate against a retroactive award, while blameworthy conduct by the payor parent will have the opposite effect.” D.B.S. v. S.R.G  2006 SCC 37 (CanLII), [2006] 2 SCR 231 at para. 5. The court is also to consider the needs and circumstances of the child and the hardship to the payor of a retroactive award. Retroactive child support must not amount to a wealth transfer: Walsh v. Walsh (2004), 2004 CanLII 36110 (ON CA), 69 OR (3d) 577 (CA) at para. 16. Child support is, of course, the right of a child and is an obligation that exists regardless of the commencement of any proceedings to enforce it. (Michel v. Graydon, para. 41)”

          Amid v. Jones, 2023 ONSC 1855 (CanLII) at 56