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

#familylaw #divorcelawyer #familylawyerontario Retroactive Child Support for Now-Adult Children: Supreme Court of Canada Clarifies the Rules    • Retroactive Child Support for Now-Adu...   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? https://familyllb.com/2020/10/06/retr... __________ REGISTER FOR UPCOMING LIVE VIRTUAL EVENTS russellalexander.com/webinars RUSSELL ALEXANDER COLLABORATIVE FAMILY LAWYERS russellalexander.com FAMILYLLB - ONTARIO DIVORCE EDUCATION CENTRE familyllb.com FOLLOW US Facebook:   / russellalexanderfamilylawyers   Twitter:   / familyllb   LinkedIn:   / russellialexander   Instagram:   / familyllb   Pinterest: https://www.pinterest.ca/teamRIA/ TikTok: https://vm.tiktok.com/VW1oXQ/ ________ RESOURCES & LINKS: FAMILY LAW NOW 🎙 Tune in to our podcast here: familyllb.com/podcast "Top 5 questions about spousal support in Ontario, Canada": https://www.youtube.com/watch?v=YX-25... “How Base Child Support is Calculated”: https://www.youtube.com/watch?v=6y4Mc... “How to fill out a financial statement“: https://www.youtube.com/watch?v=Joenq... “Common Questions About Child Support in Ontario“: https://www.youtube.com/watch?v=eht4L... “How Long Does Child Support Continue in Ontario?”: https://www.youtube.com/watch?v=s_STW... ________ Get your FREE guide on Child Access and Custody During the Pandemic: https://www.russellalexander.com/chil... Grab a copy of our book on Amazon: The Path to a Successful Divorce: Russell Alexander's Guide to Separation, Divorce and Family Law (Canadian, Ontario): Paperback Edition: https://www.amazon.ca/Path-Successful... Kindle Edition: https://www.amazon.ca/dp/B0727NCRSP ________ Our Areas of Practice: https://www.russellalexander.com/prac... Divorce Information Centre: https://www.russellalexander.com/divo... We serve all of Ontario 7 Ontario Locations: Markham, Ontario https://www.russellalexander.com/markham Whitby, Ontario https://www.russellalexander.com/whitby Kawartha Lakes, Ontario https://www.russellalexander.com/kawa... Oshawa, Ontario https://www.russellalexander.com/oshawa Peterborough, Ontario https://www.russellalexander.com/pete... Toronto, Ontario https://www.russellalexander.com/toronto Concord, Ontario https://www.russellalexander.com/concord ________ #divorce #family #law #childsupport #blog #lawyer #collaborative #practice #divorceprofessional #publichealthagencyofcanada #sharedcustody #childcustody #divorce #childcustodylawyer #divorcecourt #divorcetips #marriage #tip __________ 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.