Do You Want to Claim on Retroactive Child and/or Spousal Support?
Did you know, that there are situations when you may be entitled to child or spousal support or be obligated to pay retroactive to the date of a change in income or other circumstances. However, the issue of retroactive child or spousal support is a tad complicated. For help navigating this issue, you may need the help of an experienced Family Law Lawyer from Fine & Associates Professional Corporation.
Claiming Retroactive Spousal Support
Retroactive spousal may be claimed:
- For the time between filing an application for Divorce and the final Divorce judgment- This claim is typically made to offset financial hardship of the recipient spouse caused by the separation.
- For the any time during which a spousal support order was in effect, with the possibility of being backdated to the legal separation date – This claim is typically made if there is payor misconduct (eg. undisclosed assets, falsified financial statements, change in income, etc.)
Retroactive spousal support amounts should be determined by a Family Law Lawyer with the appropriate software based on the Spousal Support Advisory Guidelines (SSAG).
Claiming Retroactive Child Support
Retroactive child support may be claimed if a payor has failed to make past payments or if a payor’s income increased, which would result in an increase according to the Child Support Guidelines. However, several factors may affect such a determination:
- The children’s age
- If non-payment resulted in hardship to the child
- If non-payment was the result of blameworthy conduct of the payor (including failure to comply with annual income disclosure requirements)
In addition to these factors, the Court will also assess whether a retroactive child support award will present a hardship to the payor and if there was an unreasonable delay in the recipient’s filing for retroactive child support.
We Can Help You Collect on Retroactive Child & Spousal Support
If you are seeking retroactive spousal or child support, a lawyer from Fine & Associates Professional Corporation can help. Our Family Law Lawyers have the necessary software to calculate support arrearage amounts and have the resources to help you investigate potential payor misconduct.
For over 20 years, Fine & Associates Professional Corporation has been aggressively seeking our clients’ best interests. We are ready to help you navigate complicated Ontario Family Law and build an effective case for retroactive support. Contact us today to discuss your case.