Sentences with phrase «retroactive support award»

[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:

Not exact matches

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.

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.

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.

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.

[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.

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.

(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:

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.