What is the test for retroactively retroactively awarding a child with a disability award?
British Columbia, Canada
The following excerpt is from Vo v. Vo, 2015 BCSC 467 (CanLII):
As noted in D.B.S. the four factors to be considered in determining if an award should be retroactive are “whether the recipient parent has supplied a reasonable excuse for his/her delay, the conduct of the payor parent, the circumstances of the child, and the hardship the retroactive award might entail” (para. 133); Semancik v. Saunders, 2011 BCCA 264 para. 42.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the court have authority to retroactively award retroactive child and spousal support? (British Columbia, Canada)
Can a retroactive award be made to a child's parents when the child is no longer in their care? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the effect of retroactive child maintenance on the maintenance of a child who was awarded by the Court of Appeal? (British Columbia, Canada)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (British Columbia, Canada)
What is the test for making an award for long-term disability for a child that was not met by the recipient parent? (British Columbia, Canada)
In what circumstances will a court order retroactive child support for a retroactive period of 12 years? (British Columbia, Canada)
What are the implications of an arbitrator's decision in a case where a plaintiff was awarded an award for discrimination against her employer based on her disability? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What factors will be considered in determining whether to retroactively award child support? (British Columbia, Canada)
