Retroactive child support.

• Author: Mitchell, Teresa
• Position: BENCH press

The Alberta Court of Appeal has taken a thorough look at the thorny issue of retroactive child support and issued some considerations to clarify and standardize the law. The new Alberta guidelines include the following:

* A child is entitled to support. Need is presumed.

* The Federal Child Support Guidelines presume an ability to pay on the part of the payor in accordance with his or her income as established by s. 16 of the Guidelines.

* Blameworthy conduct on the part of the payor is not required.

* The payee does not need to demonstrate that he or she has encroached on his or her capital.

* Notice of an intention to pursue child support is not a prerequisite to a retroactive award.

* Whether there is an unreasonable burden placed on the payor should not be assumed, but must be established; it must be unable to be alleviated by creative payment options; the reason for or the cause of the inability to pay must be considered and any burden must be balanced against a corresponding deprivation to the payee and the child.

* A lump sum payment is not precluded merely because it redistributes capital.

* The date for the beginning of a retroactive award is presumed to be the date the payor's increased income began, unless the...