When will a court order retroactive spousal support?
British Columbia, Canada
The following excerpt is from McKenzie v. Perestrelo, 2013 BCSC 1452 (CanLII):
In Reis v. Bucholtz, 2010 BCCA 115 at para. 68, 3 B.C.L.R. (5th) 71, Groberman J.A. summarized the factors a court should consider when deciding whether to order a retroactive spousal support award: a reasonable excuse for why support was not sought earlier, the conduct of the payor parent, the circumstances of the child, and any hardship occasioned by a retroactive award. In my view, the first factor is of particular importance in this case.
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