Retroactive Child Support for Now-Adult Children: Supreme Court of Canada Clarifies the Rules 

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Retroactive Child Support for Now-Adult Children: Supreme Court of Canada Clarifies the Rules
• Retroactive Child Supp...
When a recipient parent applies to vary child support retroactively, must the beneficiary child still be a “child of the marriage” at the time the parent’s application? Or can the parent apply even though the so-called “child” has now reached the age of majority?
familyllb.com/2020/10/06/retr...
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00:00
"Retroactive Child Support for Now-Adult Children: Supreme Court of Canada Clarifies the Rules".
00:09
When a recipient parent applies to vary child support retroactively, must the beneficiary child still be
00:16
a "child of the marriage" at the time of the parent's application? Or can the parent apply, even
00:23
though the so called child has now reached the age of majority? In a decision that has important
00:30
ramifications for payers and parents who have historically neglected the child support
00:34
obligations, the Supreme Court of Canada has clarified the principles around when an application to
00:42
retroactively vary child support can be made.
00:53
In Michel v. Graydon, the parents had been in a common-law relationship and had one
01:01
child together. When they split up, they reached an agreement on child support that was formalized by the
01:08
court in 2001. However, the father under-reported his income at that time, and continued to do so for
01:16
the next decade, essentially shortchanging the mother on child support while the order ran its
01:23
course.
01:25
His support obligations were officially terminated by the court in 2012. Having learned of the
01:32
father's income related misrepresentations after the fact, the mother applied in 2015 to
01:40
retroactively vary child support for the year spanning 2001 and 2012, to bring it in line with the
01:49
true income figures. The "wrinkle" was that at the time of her application, the child had already
01:56
reached adulthood.
01:58
The British Columbia lower court judge issued a ruling in the mother's favour, but the B.C. Court
02:05
of Appeal overturned it. On subsequent hearing before the Supreme Court of Canada, the lower
02:11
court judge's original findings and conclusions were restored.