Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has successfully litigated complex retroactive support claims involving millions in undisclosed income.
View Full BioDid your ex's income increase without telling you? You might be owed 'Retroactive Support.' Learn the 4 strict tests from the Supreme Court (D.B.S.) that decide if you get paid.
Legal Review: This strategy guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Supreme Court of Canada ruling in D.B.S. v. S.R.G. (2006).
Before awarding retroactive pay, a Judge looks at:
Why didn't the Recipient ask sooner? Was it fear of violence? Lack of financial information? Or did they just sleep on their rights?
Did the Payor disclose their income increases voluntarily? Or did they hide raises and bonuses? (Hiding = Blameworthy).
Does the child still need the money? (Retroactive support is harder to get if the child is now an independent adult).
Will a massive lump-sum judgment bankrupt the Payor? (Note: Buying luxury cars instead of saving usually voids this defense).
The 3-year clock starts ticking the moment you give "Effective Notice."
It must be specific. A text saying "You need to pay more" is weak. A Lawyer's Letter saying "Please provide your 2024 NOA so we can recalculate support" is strong.
If you suspect income has gone up, ask for disclosure immediately in writing. This creates a "Footprint" that anchors your retroactive claim.
Pro Tip: Keep copies of all requests for financial disclosure. These documents become critical evidence if you need to prove you gave proper notice.
Myth: "He didn't pay me last month, so I'm suing for retroactive support."
Reality: Arrears means he didn't pay the agreed amount. The FRO enforces this automatically. Retroactive Support means he paid the agreed amount, but the amount was wrong (too low) based on his true income. You need a Judge to fix this.
Mom asked for tax returns every year. Dad refused and said business was bad. Mom finds out Dad bought a cottage in cash 4 years ago.
Court awards 4+ years of retroactive support due to Dad's blameworthy conduct (hiding wealth).
Dad's income rose slightly. Mom knew but didn't say anything because she didn't want to rock the boat. She asks for 5 years back-pay now that they are fighting about a new girlfriend.
Denied (or limited to 3 years). Mom accepted the status quo and Dad didn't hide anything.
Expert legal representation for child support matters across Ontario.
How child support works when income fluctuates or is hidden year to year.
Understanding the critical financial disclosure requirements in family law.
Every month you wait to give 'Notice' is a month of support you might lose forever. Let us draft the demand letter today to start the clock.
Book Your Retroactive Claim SessionDeepa Tailor is the founder of Tailor Law. She has successfully litigated complex retroactive support claims involving millions in undisclosed income.
View Full Bio