What is retroactive support for a child for a period pre-dating the filing of a court application or claim for support?
Northwest Territories, Canada
The following excerpt is from Harrison v Omilgoituk, 2011 NWTTC 9 (CanLII):
There are important policy reasons for concluding that retroactive support should be paid for the period pre-dating the filing of a court application or claim for support. Awarding support only from the notice date, or the application date, and not when the obligation is incurred, discourages settlement and promotes unnecessary notices, applications, and litigation, and further would be punitive for children and the custodial parent. Awards dated only from the date of the application or notice fail to reflect the ongoing obligations for support or give a remedy for that right. DANYA ROBIN HARRISON v. LEROY GUY OMILGOITUK Page 10
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