What is the test for retroactive child support and extraordinary expenses?

The respondent cites Leachman v. Leachman, 2007 BCSC 1166 (“Leachman”), a case where the claimant mother sought an order for retroactive child support and s. 7 expenses. In that case, the parties had an order from 1997 that provided for the respondent’s payment of child support as well as travel costs associated with exercising his access to the parties’ daughter. The order was silent with respect to extraordinary expenses. The defendant’s income had increased dramatically since the 1997 order and he did not communicate his increased income to the claimant until 2005 in response to her requests, first in July and then September 2004, that he file a Form 89 Financial Statement. While the court found that the respondent had engaged in blameworthy conduct, it also held that the claimant had no reasonable excuse for the delay in bringing her application. Dorgan J. concluded the claimant’s financial need was not pressing. She also concluded that the parties’ daughter did not appear to have suffered from her father’s failure to pay the child support to which she was entitled and that she had enjoyed a relatively high standard of living since the claimant’s remarriage. The court held that the commencement of retroactive child support should be from July 2004, when the claimant requested that the respondent file a Form 89, as this signaled to him that the amount of child support was in issue. Retroactive child support was ordered from August 1, 2004, to July 1, 2007, a period of slightly less than 3 years.