What are the factors to consider before making a retroactive award?

Nova Scotia, Canada


The following excerpt is from Leet v. Beach, 2010 NSSC 433 (CanLII):

In Niles v. Munro, 2009 NSSC 318 at paragraph 42, I summarized the factors to be considered before making a retroactive award: 42. The various issues and factors to be considered prior to making a retroactive award may be outlined as follows: 1. Whether there is an existing court order or agreement (i) a parent paying in accordance with a court order is generally entitled to rely upon the certainty the order purports to confer; (ii) agreements are accorded some deference but their reasonableness may need to be assessed at the original signing date and application date; 2. Status of the child/children: whether still of the marriage , a jurisdictional issue 3. Delay by the recipient parent in seeking an award; 4. Blameworthy conduct by the payor parent; 5. Financial circumstances of the child(ren) and whether the award will benefit the children; 6. Hardship imposed by a retroactive award;

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