D.B.S. v. S.R.G

D.B.S. v. S.R.G

Courts may order retroactive child support under federal and applicable provincial statutes; they must apply a holistic discretionary analysis balancing recipient delay, payor conduct, child’s needs and hardship; ordinarily retroactivity runs from effective notice (with a practical three‑year guideline), but if payor’s blameworthy conduct occurred the start is the date of the material change, and the quantum must conform to the statutory scheme and Guidelines where applicable.

Citation
2006 SCC 37
Parties
Appellant: D.B.S.; Respondent: S.R.G.; Appellant: T.A.R.; Respondent: L.J.W.; Appellant: Daryl Ross Henry; Respondent: Celeste Rosanne Henry; Appellant: Kenneth Hiemstra; Respondent: Geraldine Hiemstra
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 July 2006
Procedural Posture
Appeal to the Supreme Court of Canada / Judgment on Appeals From the Alberta Court of Appeal
Outcome
Appeals allowed in D.B.S. and T.A.R.; appeals dismissed in Henry and Hiemstra.
Legal Topics
Retroactive Child Support, Variation of Support Orders, Federal Child Support Guidelines, Parentage and Maintenance Act, Jurisdictional Limits, Date of Entitlement
Source Language
English
Family Law Child Support Maintenance Retroactive Child Support Variation of Support Orders Federal Child Support Guidelines Parentage and Maintenance Act Jurisdictional Limits +1 more

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Parties

D.B.S.

Appellant

S.R.G.

Respondent

T.A.R.

Appellant

L.J.W.

Respondent

Daryl Ross Henry

Appellant

Celeste Rosanne Henry

Respondent

Kenneth Hiemstra

Appellant

Geraldine Hiemstra

Respondent

Procedural Posture

Appeal to the Supreme Court of Canada / Judgment on Appeals From the Alberta Court of Appeal

Legal Issues

  1. 1 Can courts order retroactive child support?
  2. 2 When is retroactive support appropriate?
  3. 3 What date should retroactive awards be effective from?

Ratio Decidendi

Courts may order retroactive child support under federal and applicable provincial statutes; they must apply a holistic discretionary analysis balancing recipient delay, payor conduct, child’s needs and hardship; ordinarily retroactivity runs from effective notice (with a practical three‑year guideline), but if payor’s blameworthy conduct occurred the start is the date of the material change, and the quantum must conform to the statutory scheme and Guidelines where applicable.

Court Disposition

Appeals allowed in D.B.S. and T.A.R.; appeals dismissed in Henry and Hiemstra.

Orders

  • D.B.S. v. S.R.G.: Appeal allowed; chambers judge order restored denying retroactive support; costs awarded to appellant in this Court and Court of Appeal.
  • T.A.R. v. L.J.W.: Appeal allowed; chambers judge order restored denying retroactive support; costs awarded to appellant in this Court and Court of Appeal.