The respondent father brought a motion for interim child support, including retroactive support for a period when he had primary care of the children after restricting the applicant mother's parenting time due to her impaired driving arrest.
The mother opposed the retroactive claim, arguing it would reward the father's unilateral self-help, and questioned his ongoing entitlement due to his fluctuating self-employment income.
The court granted retroactive support effective from the date the father gave formal notice of his claim, finding that the children should not be penalized for the father's conduct.
Ongoing offset support and proportionate sharing of section 7 expenses were also ordered based on the parties' 2021 stated incomes.