Is retroactive child support retroactive when the mother absconded with her children while on holiday in Egypt?
British Columbia, Canada
The following excerpt is from Street v Street, 2017 BCSC 981 (CanLII):
In Attia v. Garanna, 2010 ONSC 1261, the mother had absconded with the children while the parties were on a holiday in Egypt. She only returned to Canada with the children a year and a half later, after the Ontario court ordered that she do so. The court found that retroactive child support was not warranted from the time of the abduction to the children’s return to Canada:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Is retroactive child support relevant to a retroactive spousal support claim? (British Columbia, Canada)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (British Columbia, Canada)
Is retroactive child support retroactive? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
