


Like this one illustrate that arrears are generally still collectable, but an On the other hand, the mother was not entitled to beĪwarded the entire amount because she had failed to explain her almost 7-yearĭelay in pursuing the accumulated amounts. Rescinded entirely as he had requested otherwise, this would effectivelyĬondone his high-handed and unjustified breach of the agreement and even allow Viewed from roughly the date of the hearing, the court ultimately fixed the child support arrears at only about $32,000, and awarded the mother only about one-half of the $45,000 the father owed.Ĭourt reasoned that the father should not be allowed to have the arrears
#Retroactive vs retrospective how to#
In considering how to deal with the arrears, the court took into account many factors, such as: variations in the father’s employment over the years changes to the children’s living arrangements and corresponding level of need as well as the mother’s failure to actively pursue arrears. The mother took no steps to go after him for the money until 2014, when sheįiled the agreement with the court and asked for help in obtaining the

$5,000 in 2009, he never followed through with making payments. However, except for one lump-sum payment of Payments of $10,000 per year for his two children. The father had agreed in a 2008 separation agreement to make child support Example, in a 2017 Ontario case called Beaudan v.
