What factors must the court consider when determining whether to modify an interim spousal support order?

British Columbia, Canada


The following excerpt is from McMahon v. Stevens, 2012 BCSC 185 (CanLII):

The court has recognized that the application of these factors to interim spousal support claims must be modified because the order is only a temporary measure to ensure the claimant spouse has sufficient funds pending trial. Often the court will not have all of the facts necessary to conduct an in-depth analysis of the parties’ circumstances in a chambers application based on affidavit evidence. As a consequence, the court can only achieve “rough justice”: Robles v. Kuhn, 2009 BCSC 1163 and the authorities cited therein.

Other Questions


What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
How has the court considered reducing spousal support when determining whether to reduce support for the new family? (British Columbia, Canada)
What factors should a court consider in determining lump sum spousal support? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What factors must be considered in determining whether to award retroactive spousal support? (British Columbia, Canada)
What factors will the court consider when ordering a table amount for the purposes of an interim order? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
What factors will be considered in determining whether to retroactively award child support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.