Is there any retroactive child or spousal support in this interim application?
British Columbia, Canada
The following excerpt is from McMahon v. Stevens, 2012 BCSC 185 (CanLII):
It is not appropriate for the court to order any retroactive child or spousal support in this interim application due to the dispute between the parties as to how much was actually paid, whether income should be imputed to the respondent, and whether spousal support should be based on the claimant’s entire income, including bonuses. In this regard, I agree with the comments of Gray J. in Lewis v. Lewis (2008), 2008 CanLII 27178 (ON SC), 55 R.F.L. (6th) 454 (Ont. S.C.J.) at para. 17, that the trial judge is in a better position to determine retroactivity because he or she will have the evidence necessary to resolve all of the factual disputes between the parties.
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