Retroactivity, Social Obligation, and Child Support

7 Pages Posted: 27 Apr 2015  

Lucinda Ferguson

University of Oxford, Faculty of Law

Date Written: October 1, 2006

Abstract

The Supreme Court of Canada recently heard argument on the circumstances in which retroactive child support orders are justified. The claimants are four Alberta fathers who have been held subject to retroactive support obligations that extend to before the custodial parent's application for variation of the existing order. The fathers argue that these orders are unfair and not justified by the Federal Child Support Guidelines. Supporting their argument is the position of courts in British Columbia, Ontario and Saskatchewan; these courts have adopted a more restrictive interpretation of the circumstances that justify retroactive orders than has the Alberta Court of Appeal.

This brief comment addresses the critical theory issues before the Court. First, is it the obligation or merely the extent of the obligation that is retroactive? Is the idea of retroactivity in the context of the child support obligation a misnomer? Second, what is the nature of the child support obligation? Third, and consequently, in what circumstances is a retroactive order justified?

Suggested Citation

Ferguson, Lucinda, Retroactivity, Social Obligation, and Child Support (October 1, 2006). (2006) 43 Alberta Law Review 1049. Available at SSRN: https://ssrn.com/abstract=2599332

Lucinda Ferguson (Contact Author)

University of Oxford, Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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