Canadian Lawyer

November 2020

The most widely read magazine for Canadian lawyers

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Page 31 of 43

30 THE RIGHTS OF the child, including to child support, are coming to the fore in the amended federal Divorce Act, as well as in a recent Supreme Court of Canada decision. The overhauled Divorce Act is the most significant piece of legislation affecting chil- dren's interests and child support, although provincial legislative proposals, along with a Supreme Court decision on retroactive child support, have likewise highlighted the best interests of the child. Overhauled Divorce Act will focus lens on children's interests and child support; provincial legislation, SCC decision have also bolstered it, writes Elizabeth Raymer Children's interests get a boost Michel v. Graydon In September's unanimous decision in Michel v. Graydon, the Supreme Court found that courts retain jurisdiction over support even after a child support order has expired and the beneficiary is an adult and indepen- dent. In this case, the father owed retroactive child support after years of failing to disclose his full income. The ruling of the high court meant that the father had to pay $23,000 in retroactive child support, half to his daughter, now in her mid-twenties, and half to his daughter's mother. The "decision really clarified this point of law that stemmed from an older deci- sion of the Supreme Court," says Jacqueline Boucher, a family lawyer and partner in Cox & Palmer LLP in St. John, N.B. The high court's 2006 decision in D.B.S. v. S.R.G., in which it was asked to interpret s. 15.1 of the Divorce Act concerning child LEGAL REPORT FAMILY LAW

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