What is the obligation of a payor parent to increase child support where the respondent failed to obtain a court order to do so?
British Columbia, Canada
The following excerpt is from Crowe v. Crowe, 2011 BCSC 445 (CanLII):
The Court of Appeal made the obligation of a payor parent clear in Hartshorne v. Hartshorne, 2010 BCCA 327 at para. 73: The appellant takes the position that he had no legal obligation to increase child support where the respondent failed to obtain a court order that he do so. In my view, that position is misguided. Child support is for the benefit of the children. The appellant had an obligation to pay his proportionate share of the children’s support. The fact that he chose not to increase his child support in the absence of a court order when the respondent had given him notice in 2002 of her request for increased child support constitutes blameworthy conduct as characterized in S.(D.B.) v. G.(S.R.).
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