In what circumstances will a court order retroactive child support for a retroactive period of 12 years?
British Columbia, Canada
The following excerpt is from Loughlean v Regehr, 2018 BCSC 1950 (CanLII):
There has, however, been at least one subsequent case imposing a child support order for a retroactive period of 12 years in circumstances where the payor parent did not disclose a dramatic increase in income nor did he voluntarily increase the amount of child support he was paying pursuant to a separation agreement between the parties: A.J.D. v. C.D., 2017 BCSC 1559, varied as to quantum only sub nom Dunnett v. Dunnett, 2018 BCCA 262. The respondent parent did not appear at the hearing of the application. The only case referred to with respect to entitlement to retroactive child support was D.B.S. The chambers judge found the recipient parent had a reasonable excuse for failing to make any earlier request for support variation: she was under the mistaken impression that child support was fixed and could not be varied and she was unaware of the obligation on the part her spouse to provide ongoing financial disclosure.
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