When will the court order child support for the children of a separated parent from the date of the separation date?

Manitoba, Canada

The following excerpt is from Senger v. Rawana, 2010 MBQB 57 (CanLII):

With respect to that commencement date, I note and rely upon the comments of Yard, J., as follows: Separated parents are required to provide appropriate child support for their children from the moment of separation onwards. … The husband’s behaviour in withholding proper child support these many moths should not be rewarded by the court. To now refuse to order proper child support for the months since separation where it was not voluntarily provided, on the basis suggested by the husband (that it would amount to “capital distribution”) or on any other basis, would make the court complicit in the deprivation caused by the husband and in his unacceptable economic behaviour. The intervening hardship experienced by the children while in the wife’s care and caused by the husband’s refusal to meet his obligations on anything resembling a reasonable basis is as palpable as it is inexplicable. (Dyck v. Dyck, 2009 MBQB 112, para. 53 and 54)

Other Questions

Can a court make a spousal support order retroactive to the date of the parties’ separation? (Manitoba, Canada)
When will a court grant custody of a 14 year old child to a parent who does not have custody of the child? (Manitoba, Canada)
What is the effect on spousal and child support when the petitioner stops paying child support? (Manitoba, Canada)
Does an appellate court need to be slow to interfere with a discretionary order dealing with payment of child support? (Manitoba, Canada)
Is there any case law that supports the argument that a child is financially dependent on their parent by reason of other cause? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
Does a parent have to continue to pay child support after the age of 16? (Manitoba, Canada)
What is the standard of deference the court owes to a motion judge in reviewing an order of support? (Manitoba, Canada)
Can a custodial parent request an increase in the Child Support Guidelines? (Manitoba, Canada)
What is the test for a court to consider in determining whether or not a child has been removed from the custody of the access parent? (Manitoba, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.