Parents have a legal obligation to financially support their children. When a parent does not pay child
support, it can cause significant harm. The child’s well-being and standard of living may suffer. The other parent may be left struggling to make ends meet when the paying parent falls behind on payments.
In today’s article, our child support lawyer in British Columbia will answer FAQs relating to retroactive child support. If you need help getting retroactive child support, we welcome you to contact our British Columbia family lawyer today for advice.
What is retroactive child support?
Retroactive child support refers to unfulfilled support obligations. When the appropriate amount of
child support has not been paid, a retroactive child support order or agreement can be made to correct any underpayment or non-payment of child support. For help determining the proper amount of child support that should be paid in your situation, get in touch with our BC child support lawyer.
A caution on the importance of timing is warranted right off the bat. Unmet child support obligations do not just “go away” with the passage of time, but the legal right to make a claim retroactively can be lost. You should act as quickly as possible to preserve legal rights to claim historical support. Please read on to learn how far back child support can go.
When does an entitlement to retroactive child support arise?
Situations that commonly give rise to an entitlement to backdated child support include:
When a parent fails to pay any child support following separation.
When a parent misses payments or pays less than the amount required by law.
When a parent starts earning a higher income, but there is no corresponding increase in child support payments.
When a parent hides their true income or refuses to disclose their earnings.
Who is entitled to retroactive child support payments?
Child support is the right of the child, but child support is typically paid to by one parent to the other. A parent who receives child support on behalf of a child is entitled to claim for retroactive child support, and that is typically who starts the legal process to correct past under payments.
How far back can retroactive child support go in
British Columbia?
The general rule is that retroactive child support orders are subject to a three year “limitation period.” That means a child support order will usually only be retroactive to a date no more than three years before the date of “effective notice.” Effective notice is the date on which the recipient parent notifies the paying parent that there is a need to pay or re-negotiate child support payments.
As noted above, it is crucial that a parent not wait too long to seek retroactive support. Annual financial disclosure (tax returns, corporate statements, paystubs, etc.) should be provided so that corresponding adjustments to child support payments can be made. When that is not occurring voluntarily, demands for financial disclosure and requests to revisit child support payment amounts should be done formally and in writing so there is proof that the paying parent has been put on notice.
Can retroactive child support go back for more than
three years?
Where there is proof that the paying parent has engaged in misconduct, the court has the discretion to make a court order for retroactive support that is backdated for more than three years. Examples of “blameworthy conduct” on the part of the paying parent include lying about raises, hiding earnings and refusing to provide proper financial disclosure.
It is also blameworthy conduct if the paying parent pressures and intimidates the recipient parent so they feel they are unwilling to pursue increased support. It is also blameworthy conduct that may justify an award that goes back for more than three years. For more information on the factors the court must consider when making a retroactive support order, please review this article from our child support lawyer in British Columbia.
What about retroactive child support for a child who is now an adult?
A child who is no longer a minor may still be entitled to financial support. A common example is where a child is over the age of 19 but is enrolled in a full-time college or university program. Another example is where the child has a disability that causes them to be financially dependent on their parents after they turn 19.
BC family court judges have the discretion to make a retroactive child support order even though the child is no longer a minor but the judge must be satisfied that the child is entitled to support and that the retroactive claim is not “out of time.” This is a tricky area of the law and there are many factors to be considered. You should speak with an experienced child support lawyer in British Columbia about your eligibility to this type of child support claim as soon as possible.
How can a BC family lawyer help in getting retroactive child support payments?.
It can be challenging to challenge a parent who is neglecting their child support obligations. They are usually not cooperative, and in many cases outright refuse to respond or voluntarily meet their support obligations. The good news is that you do not have to face them alone. A BC child support lawyer can help level the playing field.
An experienced family lawyer can explain your legal options and work with you to create a strategy to get you financial results. Your lawyer will make formal requests for financial disclosure and attempt to negotiate or mediate a mutually agreeable resolution with the other parent. If an agreement is not possible, your lawyer can initiate court proceedings and take steps to ensure any child support orders are enforced.
Contact Valerie M. Little for Advice on Retroactive
Child Support
Valerie M. Little has many years of experience dealing with the issues of retroactive child support and the enforcement of child support orders. Valerie M. Little can answer your child support questions and help you to determine the best approach going forward. You can reach Valerie at 604-526-3333 or through her law firm contact form.
Valerie M. Little Law Corporation is a British Columbia family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley.
Get the legal answers you need to any child support questions you may have. Contact Valerie today. You will be relieved you did.