[96] Unlike prospective awards,
retroactive awards can impair the delicate balance between certainty and flexibility in this area of the law.
Prospective and
retroactive awards are thus very different in this regard.
Calver v. Calver 2014 ABCA 63 Family Law — Divorce — Corollary relief — Maintenance and awards —
Retroactive awards A father applied to vary child support payable for the parties» three children.
[28] I agree that delay by an applicant seeking spousal support will weigh more heavily against
a retroactive award than would be the case on an application for retroactive child support.
(D.B.) v. G. (S.R.), 2006 SCC 37 (S.C.C.)(«D.B.S.») is the landmark precedent setting out the factors to be considered in determining whether
a retroactive award of support is appropriate, but that case dealt with child support, and the factors were:
The retroactive award totaled $ 1.68 million.
In determining
the retroactive award in such cases, the court shall consider the following:
Not exact matches
Village of Rockville Centrea — An arbitration panel
awarded a
retroactive 6.6 percent increase in base salaries to members of the police officers union in Rockville Centre, Nassau County, for 2010 and 2011.
PEF members have overwhelmingly ratified an agreement with the state that
awards them a 2 percent
retroactive raise before the end of summer, the union said.
The teachers contract, which totals $ 5.5 billion through FY2018,
awards teachers 8 percent in
retroactive pay for two years.
NSF says that because the policy is not
retroactive and NSF grants run for several years, it may be 5 years before all active
awards are covered.
Alaska Legislature Advances Bill Repealing Exit Exam,
Awarding Retroactive Diplomas http://peninsulaclarion.com/news/2014-03-20-0
There are also questions over whether any changes will be
retroactive — more than 61,000 injured veterans had received a lump - sum
award as of March 31, 2017 — and if the new scheme will be taxable.
One thing to note: if you forgot to opt in to your
awards, they are
retroactive as long as you do so by the middle of the third month in the quarter.
Any and all changes in the Conditions of Membership, including rules regarding the number of Miles needed for a Mileage Plan
award, are
retroactive and apply to all previously accumulated mileage.
One thing to note: if you forgot to opt in to your
awards, they are
retroactive as long as you do so by the middle of the third month in the quarter.
No
retroactive bonus points or miles will be
awarded for nights prior to registration.
No
retroactive Miles will be
awarded for nights stayed prior to enrolment.
«But damages can be
awarded only for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested damages
award would also violate Defendants» constitutional due process rights by imposing massive
retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»
As a general rule, any
award is made
retroactive to the date of effective notice (but no further than three years).
The court can adjust the duration of the
retroactive order to effectuate a reasonable
award.
Although I do not accept that the judge erred in
awarding spousal support for the pre-trial period, given that entitlement was compensatory and the parties» post-separation incomes differed significantly, I agree that she calculated the
retroactive portion of the spousal support
award on an erroneous basis.
On appeal at the Supreme Court the Judge decided to overturn the 19 years of
retroactive support,
awarding support to the date that the mother first asked for child support (in 2013) instead.
[49] However, in my view the judge did err in
awarding retroactive spousal support based on Mr. Hsieh's current annual income.
However, it was unnecessary to hypothesize regarding past income and, as this Court held in Tedham, it was incumbent on the judge to
award retroactive spousal support based on the parties» actual incomes.
The order amending the final decree of divorce and
awarding Wife
retroactive alimony was filed approximately two months after the final decree of divorce on October 6, 2008.
Accordingly, in my view the
retroactive portion of the spousal support
award must be recalculated on this basis for each year from July 1, 2010 to 2014 and reduced to the cumulative extent of the difference.
Because the family court
awarded Wife
retroactive alimony on its own initiative more than ten days after the final decree of divorce, we find the family court erred in
awarding Wife
retroactive alimony.
[13] In D.B.S. v. S.R.G., 2006 SCC 37, Justice Bastarache, writing for the majority, noted an important difference between prospective and
retroactive support
awards:
It may also result in
retroactive payments or costs being
awarded against that spouse.
Our
retroactive spousal support lawyers know that generally getting speaking, getting an
award of
retroactive child support is easier than getting an
award of
retroactive spousal support.
99 I will now proceed to discuss the factors that a court should consider before
awarding retroactive child support.
Thus, the British Columbia Court of Appeal has ordered
retroactive support where an interim support
award was based on incorrect financial information, even though the initial underestimate was honestly made: see Tedham v. Tedham (2003), 20 B.C.L.R. (4th) 56, 2003 BCCA 600.
At paras. 207 and 208 of that decision, Cromwell J. noted that: While D.B.S. was concerned with child as opposed to spousal support, I agree with the Court of Appeal that similar considerations to those set out in the context of child support are also relevant to deciding the suitability of a «
retroactive»
award of spousal support.
The
award of Social Security Disability benefits
retroactive to a specific date does not modify a noncustodial parent's child support obligation to the same date.
However courts ordering
retroactive support pursuant to provincial statutes have greater flexibility in tailoring the
award to fit the circumstances (see para. 127).
New York courts routinely
award retroactive child support to the custodial parent to cover expenses she incurs while...
By Andrew Feldstein Hume v. Tomlinson, 2015 ONSC 843: This case addresses the issue of whether a
retroactive lump - sum support
award should be reduced to reflect the tax... Read more
(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to
award child support
retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition.
The court also
awarded Aubry $ 115,000 in
retroactive support.