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Difference between revisions of "Spousal Support Arrears"
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→Retroactive reduction of support
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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> | <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 ''[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. | ||
Among other things, the court must consider: | |||
#the circumstances surrounding the delay in bringing the application; and | #the circumstances surrounding the delay in bringing the application; and | ||
#any hardship caused by making or not making the order, to either party. | #any hardship caused by making or not making the order, to either party. | ||
