When will the court order child support for the children of a separated parent from the date of the separation date?

Manitoba, Canada


The following excerpt is from Senger v. Rawana, 2010 MBQB 57 (CanLII):

With respect to that commencement date, I note and rely upon the comments of Yard, J., as follows: Separated parents are required to provide appropriate child support for their children from the moment of separation onwards. … The husband’s behaviour in withholding proper child support these many moths should not be rewarded by the court. To now refuse to order proper child support for the months since separation where it was not voluntarily provided, on the basis suggested by the husband (that it would amount to “capital distribution”) or on any other basis, would make the court complicit in the deprivation caused by the husband and in his unacceptable economic behaviour. The intervening hardship experienced by the children while in the wife’s care and caused by the husband’s refusal to meet his obligations on anything resembling a reasonable basis is as palpable as it is inexplicable. (Dyck v. Dyck, 2009 MBQB 112, para. 53 and 54)

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