What is the impact of a report that states that a father's income has increased since 2013 on the amount of child support he is entitled to since 2013?
Ontario, Canada
The following excerpt is from James v. Hutchinson, 2019 ONCJ 801 (CanLII):
[43] The father is fortunate that the mother is not seeking a larger retroactive order. He should have adjusted support once his income increased in 2013. He has preferred his own interests to those of the child and has led a far better lifestyle than the mother and the child as a result. It could be argued that this claim is really an enforcement of contract as opposed to a claim for retroactive support. See: Pitre v. Lalande, 2017 ONSC 208. However, since it states on the face of the report that it isn’t a legally binding document and the mother is only seeking child support from January 1, 2017, the court won’t engage in that analysis.
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