What is the difference between retroactive child support and spousal support?
Ontario, Canada
The following excerpt is from J.M.G. v. L.D.G., 2016 ONSC 3042 (CanLII):
There are important differences between retroactive child support and spousal support claims. Unlike with child support, there is no presumptive entitlement to retroactive spousal support. Moreover, the payor has no legal duty to “look out for the [recipient’s] legal interests.” Therefore, “concerns about notice, delay and misconduct generally carry more weight in relation to [retroactive] claims for spousal support.”: Kerr v. Baranow, at para. 208.
"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 it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Is retroactive spousal support retroactive from the date of separation retroactively retroactive? (Ontario, Canada)
Is a motion for retroactive child and spousal support a matter of enforcement rather than retroactive support? (Ontario, Canada)
What is the relevant date for retroactivity of basic child support for the purposes of retroactive child support? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
What is the case law on retroactively retroactively adjusting child support for a child of 16 years? (Ontario, Canada)
How would a respondent receive credit for child support paid for one child as a set off against a retroactive amount paid for the other child? (Ontario, Canada)
In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation? (Ontario, Canada)
Is retroactive child support an appropriate way to enforce the existing child support obligation? (Ontario, Canada)
What is the difference between retroactive and retroactive child support payments for two children? (Ontario, Canada)
