Is a lump sum award for past maintenance appropriate?

As a general rule a lump sum award for past maintenance is exceptional. This is so because a lump sum in satisfaction of prior support obligations is in the nature of a capital contribution in the sense the money is not really used for past support. It is simply a wind-fall to the recipient in reimbursement for money notionally spent. There are situations, however, where lump sum support is appropriate. Several immediately come to mind: (1) where there is money available, say from property division, and a risk future support payments will not be made; (2) where the failure to pay past support has resulted directly in debt accumulation by the custodial parent; and (3) where the noncustodial parent has deliberately avoided attempts to enforce payments resulting in an accumulated support obligation. An illustration of this last example is found in the case of Ambrose v. Ambrose (1990), 24 R.F.L.(3d) (Man. C.A.).