Difference between revisions of "Spousal Support Arrears"

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<blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted</tt></blockquote></blockquote>

Retroactive variation applications are relatively new. In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support. This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, Making Changes to Child Support. In the recent case of ''G.M.W. v D.P.W.'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support. Both involve child support, but the rules will be similar for spousal support. Among other things, the court must consider:

Retroactive variation applications are relatively new. In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support. This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, [[Making Changes to Child Support]]. In the recent case of ''G.M.W. v D.P.W.'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support. Both involve child support, but the rules will be similar for spousal support. Among other things, the court must consider:

#the circumstances surrounding the delay in bringing the application; and

#any hardship caused by making or not making the order, to either party.

@@ Line 109: / Line 109: @@
 <blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted</tt></blockquote></blockquote>
-Retroactive variation applications are relatively new.  In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support.  This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, Making Changes to Child Support.  In the recent case of ''G.M.W. v D.P.W.'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support.  Both involve child support, but the rules will be similar for spousal support.  Among other things, the court must consider:
+Retroactive variation applications are relatively new.  In 2006, the Supreme Court of Canada established rules for applying for retroactive child support, or for a retroactive increase in child support.  This is the case of ''D.B.S. v S.R.G.'' discussed in the chapter, [[Making Changes to Child Support]].  In the recent case of ''G.M.W. v D.P.W.'' 2014 BCCA 282, our Court of Appeal said these principles also apply to applications for a retroactive reduction of support.  Both involve child support, but the rules will be similar for spousal support.  Among other things, the court must consider:
 #the circumstances surrounding the delay in bringing the application; and
 #any hardship caused by making or not making the order, to either party.

Difference between revisions of "Spousal Support Arrears"

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