Can I be forced to pay additional child support?

Thank you for your question. You have asked two specific questions. In relation to whether she can ask for more money after 6 years, the answer is without a doubt “yes.” This does not mean that she will obtain more money by way of child support; however she is absolutely entitled to pursue the request. Whether she is successful depends upon a number of factors, including the wording of the “legal separation agreement” that you mention, together with your current income and the exact access schedule that is in place (above you say that your schedule is “fairly flexible”) at the time that Court is commenced. If you telephone me at 877-668-9386 you can relay further facts and I can provide you with a free consultation which would involve more specific guidance.

In terms of your second question, there is specific case law that deals with retroactive payments. I would need further facts from you prior to commenting any further, although I will state that pursuant to Ontario case law it is difficult to go back more than three years for retroactive support. However, as you indicate that you do have a separation agreement my analysis would begin once I have had an opportunity to read that agreement. You are welcome to forward it to me as part of a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).