Retroactive child support

In Telles-Langdon v. Ashford, the Ontario Court of Appeal listed the factors that the Supreme Court of Canada stated must be considered when determining the issue of retroactive child support: (1) unreasonable delay by the recipient parent in applying for the retroactive support; (2) conduct of the payor spouse; (3) circumstances of the child; and (4) hardship occasioned by the retroactive award.

In Telles-Langdon, the order at trial that child support be paid back to July 2007, being approximately one year before the claim for child support was filed, was set aside because the conduct of the paying spouse was the only factor the trial judge considered.

http://www.canlii.org/en/on/onca/doc/2010/2010onca509/2010onca509.html

http://www.canlii.org/en/ca/scc/doc/2006/2006scc37/2006scc37.html