What counts as blameworthy conduct that lets a retroactive award go back more than three years?
Blameworthy conduct in this context generally refers to a payor's actions that either caused or contributed to the recipient's delay in seeking an increase in support, and it's one of the clearest reasons courts will extend a retroactive award beyond the usual three-year starting point. Common examples include deliberately hiding income increases, misrepresenting financial circumstances, intimidating or discouraging the recipient from pursuing a claim, or simply failing to disclose material changes in income that the payor knew should trigger a support review.
The underlying idea is that a payor should not be able to benefit from their own misconduct by running out the clock on a shorter look-back period while actively concealing the very facts that would have prompted an earlier claim. Courts will examine the specific communications and conduct between the parties, including whether the payor was asked for financial disclosure and failed to provide it honestly. Because these claims often turn on credibility and documentary evidence, keeping records of financial disclosure requests, responses, and any misrepresentations is valuable for a recipient who suspects this kind of conduct occurred.
Key takeaways
- Blameworthy conduct is payor behaviour that caused or contributed to a delay in seeking increased support.
- Concealing income, misrepresenting finances, or discouraging a claim are common examples.
- A payor should not benefit from their own concealment by shortening the look-back period.
- Records of disclosure requests, responses, and any misrepresentations are key evidence.