The Supreme Court of Canada considered four appeals regarding retroactive child support.
The Court held that parents have a free-standing obligation to support their children commensurate with their income, and courts have the jurisdiction to order retroactive child support under both the Divorce Act and provincial legislation.
In determining whether to make a retroactive award, courts must balance the payor parent's interest in certainty with fairness to the child by considering the reason for the recipient parent's delay, the payor parent's conduct, the child's past and present circumstances, and potential hardship.
The Court allowed the appeals in D.B.S. and T.A.R., restoring the chambers judges' decisions to deny retroactive support, and dismissed the appeals in Henry and Hiemstra, affirming the retroactive support awards.
