Is it possible to request retroactive support without a motion?
British Columbia, Canada
The following excerpt is from Pilgrim v. Pilgrim, 2007 BCSC 1370 (CanLII):
MS. LANG: My Lord, if I came into this court asking for retroactive support without a motion I think I would be marched out the door and said, it’s not before the court. Clearly, I had to file a notice of motion to get retroactive support and as soon as I learned that I didn’t have a claim on the base amount of support, I abandoned that immediately. And of course you’ve heard why that is; I got the documents this morning. So I’m asking for costs. Scale B is hardly a windfall. It won’t nearly cover probably even a third of what the actual costs have been to my client. Costs follow the event, Gold v. Gold.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is retroactive child support relevant to a retroactive spousal support claim? (British Columbia, Canada)
What is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
How has the court considered student loan payments as a factor in opposing a request for child support under the Child Support Guidelines? (British Columbia, Canada)
Is retroactive child support retroactive? (British Columbia, Canada)
How much retroactive spousal support is retroactive from July 1, 2017? (British Columbia, Canada)
In what circumstances will a court order retroactive child support for a retroactive period of 12 years? (British Columbia, Canada)
Is a payor's unilateral decision to reduce child support from the amount payable by obligation justified as retroactive support? (British Columbia, Canada)
