What factors will be considered on a retroactive maintenance request?
British Columbia, Canada
The following excerpt is from Judd v. Judd, 2010 BCSC 153 (CanLII):
Based on Bowes v. Bowes, 2005 BCSC 593, 15 R.F.L. (6th) 247 at para. 112, the factors to be considered on a retroactive spousal maintenance request, insofar as they are relevant in this case, include: a. excuse for the delay in bring the application; b. the delay of financial disclosure by the payor; c. depletion of capital by the recipient; d. the recipient’s need for the order; e. the payor’s ability to pay; and f. whether an order will impose an unfair burden on the payor.
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