What is the test for retroactive support in a case where the Respondent alleges that a payor misled the payor, in the sense of active misleading, and diligence by the payee in pursuing payment?
Alberta, Canada
The following excerpt is from L.F.F. v. K.G., 2004 ABQB 294 (CanLII):
The Respondent argues that both blameworthiness of the payor, in the sense of active misleading, and diligence by the payee in pursuing payment, must be shown before retroactive support can be ordered. This describes the requirements of the exceptional circumstances test (Wishlow v. Bingham, paras. 36-38). It does not take into account the change that has taken place with the new appropriate circumstances test.
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