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Family

Can I get retroactive support if the payor hid an income increase for years?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, when a payor conceals an income increase, courts are more willing to award a significant retroactive amount going back to the date the increase occurred. The concealment is treated seriously — a payor who knew their support obligation should have gone up and deliberately withheld that information from the recipient is considered blameworthy, and courts will order retroactive support accordingly.

The leading framework from the Supreme Court of Canada identifies the payor's conduct as a key factor. Where a payor lies, withholds financial disclosure, or fails to disclose income increases they were legally required to share annually, courts are less sympathetic to hardship arguments and are more likely to go further back in time. There is no fixed limitation period for retroactive support, though the reasonableness of the delay by the recipient is also considered.

Evidence of the income increase will be needed — typically tax returns, Notices of Assessment, pay stubs, or corporate records for each year in dispute. The further back you go, the more documentation is required. If you discover the other parent was earning significantly more for several years, gather any financial evidence you can (publicly filed corporate documents, observable spending, prior tax returns you may have access to) and bring it to a lawyer promptly. A formal motion for financial disclosure and retroactive support can often recover substantial amounts.

Key takeaways

  • Courts award more generous retroactive support when a payor deliberately hid income increases.
  • The payor's misconduct reduces the court's sympathy for hardship or delay arguments.
  • Annual income disclosure is mandatory — failure to share increases is considered blameworthy.
  • Gather historical financial evidence as far back as possible before bringing a motion.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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