The landmark Supreme Court of Canada case DBS v. SRG concerns the issue of child support and the entitlement of recipient spouses, predominantly mothers, to increased child support following an increase in the income of payer spouses, who are predominantly fathers. The jurisprudence that has developed around retroactive child support has developed inconsistently across the country and has the potential to disadvantage women and children, and to leave women at an increased risk of poverty following relationship breakdowns.

Although LEAF was denied leave to intervene in this case, LEAF developed a factum relating to the critical issue of retroactive child support which was published in the Canadian Journal of Women and the Law. Fortunately, Canada’s Supreme Court ruled ex-spouses could face hefty retroactive child support payments if they fail to declare increased earnings.

Download the factum here.