Retroactively of Child Support Part Two

Why is retroactive child support so important in terms of the law?

Retroactive child support simply holds payors to their existing (and unfulfilled) support obligations.

Michel v Craydon from the supreme Court of Canada offers us guidance importance of retroactive support and its impact on daily life.

Some important passages from the court are worth noting:

[23] Retroactive child support is a debt; by default, there is no reason why it should not be awarded unless there are strong reasons not to do so. See: Michel – par. 132.

[24] Retroactive awards are not exceptional. They can always be avoided by proper payment. See: D.B.S.- par. 97.

[25] The neglect or underpayment of support is strongly connected to child poverty and female poverty.

Analysis:

This part focusses on the responsibility of payors who are required to pay child support retroactively. What happens if the payor does not pay the money? How does it affect the children? What are the duties that a payor has towards their children?

The answers seem fairly obvious but clearly the reason that the court has enunciated these guidelines are because payors are not fulfilling their responsibility.

At Shankar Law, we will help you navigate through this extremely complex area of law.

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