Difference between revisions of "Spousal Support Arrears"

Jump to navigation Jump to search
Line 105: Line 105:
<blockquote><blockquote><blockquote><tt>(i)  arises from a change described in subsection (2) (a), and </tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(i)  arises from a change described in subsection (2) (a), and </tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(ii)  is related to the relationship between the spouses, and </tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(ii)  is related to the relationship between the spouses, and </tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) the changed circumstances, had they existed at the time the order was made, would likely have resulted in a different order.</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 ''[http://canlii.ca/t/g80ht 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.  For another example, see ''[http://canlii.ca/t/27qrq P.M B. v. M.L.B.]'', 2010 NBCA 5, in particular paragraph five.  
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 ''[http://canlii.ca/t/g80ht 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.  For another example, see ''[http://canlii.ca/t/27qrq P.M B. v. M.L.B.]'', 2010 NBCA 5, in particular paragraph five.