When considering retroactive spousal support for the purposes of child support, is the issue of notice, delay and misconduct relevant?
Alberta, Canada
The following excerpt is from Toenjes v. Toenjes, 2012 ABQB 409 (CanLII):
It has now been authoritatively confirmed in Kerr v. Baranow[18] that when considering applications for retroactive spousal support, “similar considerations to those set out in the context of child support are also relevant” those being the factors applied in D.B.S.[19] However, because spousal support is founded on different legal foundations than child support, “concerns about notice, delay and misconduct generally carry more weight in relation to claims for spousal support” of a retroactive nature.[20]
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