In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation?
Ontario, Canada
The following excerpt is from Cook v. Cleverdon, 2005 ONCJ 262 (CanLII):
[79] In my view, Walsh v. Walsh, supra, does not stand for the fact that all factors must be present. The court underlined the need and ability to pay and indicated that “other factors may also affect the decision to award retroactive child support”.
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