Following the implementation of the federal and provincial Child Support Guidelines, there was little guidance as to whether parties could, or could not, rely upon the legislation in making applications for support in years past, and what that process would look like. Explore topics including the role of the date of presumptive retroactivity, the importance of effective notice, the interplay of retroactive child support claims with retroactive spousal support claims, and ‘tips and tricks’ for practitioners. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support.  Total running time is 58 minutes.

Child support and spousal support are at the heart of many family law matters. Review key cases, consider the support guidelines, explore common pitfalls, and identify strategies to address those pitfalls. These on-demand programs were originally presented on April 4, 2024. The total running time for each presentation ranges between 35 minutes and 1 hour, 8 minutes.

This paper explores the role of the date of presumptive retroactivity; the importance of effective notice; the contextual considerations that may rebut the presumptive date of retroactivity or otherwise inform effective notice; the difference between retroactive child support and child support arrears; specific considerations for retroactive support in shared parenting arrangements; the interplay of retroactive child support claims with retroactive spousal support claims; retroactive child support versus child support arrears; time limits for bringing a claim; ‘tips and tricks’ for practitioners; and a general reminder that with retroactive claims, if you snooze, you lose. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.