Not exact matches
If your spouse makes a successful
claim for
child and / or spousal
support, that order can be
retroactive, and would force you to pay
support for the months before the order was made.
In J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 the BC Supreme Court reviewed the leading Supreme Court of Canada case of Kerr and Barrow and noted that
retroactive child support and
retroactive spousal
support claims share some but not all of the key principles from the famous Supreme Court of Canada case of DBS.
[659] In Reis v. Bucholtz, 2010 BCCA 115 (CanLII), the Court of Appeal considered the principles and analysis in DBS with respect to
retroactive child support are applicable to
claims for
retroactive spousal
support (para. 66).
Mr. MacLean succeeded in having the court use all of the companies pre-tax profits for the SSAG calculation based on BCCA law from the cases of Klukas and Teja, defeating the husband's spousal
support claim that double dipping applied to BC spousal
support and a lower BC spousal and BC
child support payment should thus be paid, blocking any $ 350,000 cap argument where BC spousal
support is not increased on high salaries above $ 350,000 per year and finally in having the
child support portion of the order made
retroactive so a large lump sum payment was received for the
children's benefit.
By Andrew Feldstein This decision, written by Justice Stanley Kershman, deals with numerous
child support issues including
support for adult
children,
retroactive claims... Read more