Court overturns lifetime of retroactive child support owed by absent Duncan dad

Appeal reduces payments to three years in Vancouver Island case, circumstances ruled not appropriate to precedent-setting award

You aren’t responsible for a lifetime of child support payments if you didn’t take active steps to avoid those payments, the B.C. Court of Appeal has ruled.

The appeal court has upheld a lower court decision that a Duncan man will not have to pay $70,320 in retroactive child support for the care of his now 20-year-old daughter — the amount the original trial judge calculated as what would have been payable between 1995 and 2013 under child support guidelines.

Instead, in a ruling released June 15 in Victoria, the court confirmed an order that the man pay the equivalent of monthly support payments of $497 retroactive to October 2013, as well as college education expenses of $7,109.

The child was born in 1995 after a relationship of less than a year was ended by the father when he discovered the mother was pregnant.

In what the court called an “unusual” twist, the mother did not request support, nor have any contact with the father, despite the fact she knew where he lived and worked. She finally approached the father for support at her daughter’s urging when the daughter was 18. The father agreed to provide it, but a dispute over payment ended in court.

In the initial trial, the mother claimed the father’s decision to leave devastated and humiliated her, making her emotionally incapable of pursuing support.

The trial judge agreed that was a reasonable excuse for her inaction and found the father’s conduct “at the high end of blameworthiness” for completely ignoring his daughter prior to being approached.

The judge ordered retroactive support payments, dating back to the girl’s birth, adding any financial hardship the order may cause the father was justified by the fact he had brought the situation upon himself.

In July of 2015, a B.C. Supreme Court justice overturned that decision on appeal on the grounds the original order gave too much weight to the mother’s reasons for not pursuing support earlier, failed to recognize the hardship it would cause the father, and was inconsistent with an existing guideline for retroactive pay of three years.

The court also found that no consideration had been given to the mother’s responsibility for providing for her daughter by pursuing child support earlier.

The Court of Appeal unanimously agreed with the Supreme Court finding.

Justice Mary Newbury found the initial ruling that the father doing nothing for 18 years amounted to high-end blameworthiness was a misapprehension of relevant law.

“Active deception, hiding from the payee parent, creating false records of income – these are all far worse than (the father’s) conduct,” Newbury wrote.

She also found no record of a case — even ones of more egregious misconduct — that sanctioned an award going back further than seven years.

“An award retroactive to a child’s birthdate might conceivably be appropriate where the payor’s conduct is at the high end of moral blameworthiness and where the child is considerably younger, but this was not such a case.”

Follow me on Twitter @JohnMcKinleyBP

Just Posted

Caps fall to Clippers in Nanaimo on Friday night

Clippers’ tying and winning goals come in less than a minute

Cowichan school district approves women’s winter shelter

The Cowichan Valley School District’s board of education has approved in principle… Continue reading

North Cowichan is Canada’s hot spot on Wednesday

The Warmland lives up to its name

Ladysmith Secondary School improv still groovy after 20 years

Catch performances Nov. 15th, 16th, 17th and 22nd, 23rd and 24th

New Coast Guard radar boosts marine traffic monitoring off B.C. coast

Six radar installations set up for Georgia Strait to Queen Charlotte Strait to Prince Rupert

Saving salmon: B.C. business man believes hatcheries can help bring back the fish

Tony Allard worked with a central coast First Nation to enhance salmon stocks

Vancouver Island remembers

Important stories shared as Islanders salute those who made the greatest sacrifice

High-end B.C. house prices dropping, but no relief at lower levels

But experts say home ownership remains out of reach for many for middle- and lower-income families

Worker killed in collision at B.C. coal mine

Vehicle collision occurred at approximately 10:45 a.m. this morning

B.C. asking for tips on ‘dirty money’ in horse racing, real estate, luxury cars

Action follows a Peter German report on money laundering in B.C. casinos

Canadian dead more than a week after plane crash in Guyana: Global Affairs

Global Affairs said it couldn’t provide further details on the identity of the Canadian citizen

Children between 6 and 9 eligible for $1,200 RESP grant from province

BC Ministry of Education is reminding residents to apply before the deadline

Victoria spent $30,000 to remove John A. Macdonald statue

Contentious decision sparked controversy, apology from mayor

Privacy concerns over credit card use for legal online pot purchases

Worries follow privacy breaches at some Canadian cannabis retailers

Most Read