Child support is an economic contribution that, upon separation, is paid by one spouse to any children born of the marriage. But, we often hear about retroactive child support related to child support cases. What actually is this term?
Retroactive child support is a financial allowance that is given until the child support case is settled by the lawyer. It is paid for a certain time, and the judge decides how much money one parent needs to provide.
To clarify this and other aspects, you will find a complete guide with the criteria to be fulfilled below. Even if, in this case, a large part of the decision is up to the judge, we will try to give you a basic idea.
What is Retroactive Support?
The retroactive support or child allowance, as anticipated, is a form of economic contribution. But in this case, this amount is paid before there is a settlement.
Let’s try to explain in simple words.
Suppose you and your partner are separated. You have a child with you, and the separation case is still pending in court. In this case, your spouse or partner is obligated to pay a sum for the child’s maintenance until the Court decides a certain settlement. This is retroactive support.
The payment of this sum of money serves to fulfill the obligation of material assistance.
Retroactive child support is usually paid on a monthly basis. The allowance can include not only the single sum of money but also the individual items of expenditure.
Maintenance Allowance: The Judge’s Decision is Retroactive
Given the complexity of the discipline that determines child support, it is good to keep up-to-date on the latest rulings. These clarify some regulatory gaps.
In this regard, a few years back, there has been a very important sentence of the Supreme Court. With this, it was established the judge’s decision regarding the reduction of the maintenance allowance is retroactive.
Therefore, the new amount is not calculated from the date of filing of the sentence. But it is calculated from the date of presentation of the appeal to the Court.
In this way, all those former spouses are protected who failed to pay the amount of the maintenance allowance. They were previously obliged to pay a certain amount established by the judge during the divorce. And when they asked for its reduction, they had to wait several years for the conclusion of the case.
Usually, an appeal case lasts about three years. During this it continues, albeit with difficulty, to pay the allowances due to the former spouse and children.
So what happens once the judge has granted the applicant’s request?
Until the aforementioned sentence of the Court, there was no clear answer. But thanks to this ordinance, we know that the ex-husband is entitled to a refund of the sums paid. The amount will be the expenses during the pending period of the cause of revision of the maintenance allowance.
Important Criteria for Retroactive Child Support
Retroactive child support is based on each parent’s obligation to provide for the maintenance of the children. The first thing that you need to understand is that you don’t need to be divorced to get the allowance. Even an unmarried couple, who has children, is eligible for this support.
The support includes not only the child’s daily expenses but also the birth expenses of the mother. The other expenses:
- Doctors expenses while pregnant
- Treatments during pregnancy
- The cost of birth
- The expenses after the birth of the child
The judge, therefore, can order the maintenance allowance based on the following conditions:
- The child’s current needs
- The standard of living held by the minor in constant cohabitation with both parents
- Stay with each parent
- The income situation of the parents
- The economic value of the domestic and care tasks undertaken by each parent
How does Retroactive Support Work?
Suppose that the parents do not have sufficient means to support the children.
Retroactive support can be arranged in the event of separation if certain conditions are met.
The prerequisites for this are as follows:
- The requesting spouse must make an explicit request in the separation request;
- The requesting spouse should not be held responsible for the separation charge;
- The applicant spouse must not have “adequate own income”;
- The spouse obliged to pay the allowance must have suitable financial means. Then they will be obliged to contribute to the other ascendants based on proximity in rank.
How Far Back Can Retroactive Child Support Go?
The standard time that the Court may decide is three years. The time will be counted from the day the custodial parent notifies the partner or spouse for support. However, if you haven’t made a formal move, it is okay. Any discussion outside the Court will also be counted as a notification.
But sometimes the Court can change the time depending on different circumstances such as:
- Not sharing the real income which is higher than he/she presents;
- Ignoring the responsibility for longer times;
- Pressuring the custodial parent to withdraw the support request.
Is There Child Support Retroactive in Regina, SK?
Yes, there is. Child support retroactive is in Regina, SK.
If you are in such situations where you need retroactive child support, go to an experienced lawyer or specialist. He will answer all your queries and direct you in the right direction.
Final Verdict
There are several ways to review child support when a change in one of the parents’ circumstances.
Married or not, when a couple separates, each of the parents must contribute to the needs of the children. The amount of this contribution is set based on the parent’s respective incomes and some other facts. But if one parent is absent financially, even if he is very much able, retroactive child support is needed. It will not only reduce the suffering of one parent but also give the child his rights.
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