Is retroactive child support an appropriate way to enforce the existing child support obligation?
Ontario, Canada
The following excerpt is from Simone v. Van Nuys, 2021 ONCJ 652 (CanLII):
[139] Child support obligations arise upon a child’s birth or the separation of their parents. Retroactive awards are a recognized way to enforce such pre-existing obligations and to recover monies owed but yet unpaid. Such a debt is a continuing obligation which does not evaporate or fade into history upon a child’s 18th or 19th birthday or their graduation from university (Michel v. Graydon at paragraph 41).
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