What factors must be considered in determining whether to award retroactive spousal support?

British Columbia, Canada


The following excerpt is from L.I.W. v. T.R.W., 2014 BCSC 1748 (CanLII):

The factors to be considered in determining whether to award retroactive spousal support are similar to those that must be considered in determining whether to award retroactive child support: D.B.S. v. S.R.G., 2006 SCC 37; Kerr v. Baranow, 2011 SCC 10 at para. 207. They include: the reasons why support was not sought earlier; the conduct of the payor parent; the circumstances of the child; and any hardship the retroactive award may have upon the payor spouse.

Other Questions


What factors will be considered in determining whether to retroactively award child support? (British Columbia, Canada)
How has the court considered reducing spousal support when determining whether to reduce support for the new family? (British Columbia, Canada)
What considerations must be considered in determining the suitability of a retroactive award of spousal support? (British Columbia, Canada)
What factors must the court consider when determining whether to modify an interim spousal support order? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
What factors are considered by the courts in determining whether a plaintiff has been awarded a claim for unfair dismissal? (British Columbia, Canada)
What factors will be considered in a claim for retroactive spousal support? (British Columbia, Canada)
What factors should a court consider in determining lump sum spousal support? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.