What factors will be considered in a retroactive spousal support application?
British Columbia, Canada
The following excerpt is from T.L.M. v. D.P.M., 2014 BCSC 1386 (CanLII):
Judd offers a helpful discussion at para. 71 and details the factors to be considered from Bowes v. Bowes, 2005 BCSC 593 on a retroactive spousal support application: a. excuse for the delay in bringing the application; b. the delay of financial disclosure by the payor; c. depletion of the capital by the recipient; d. the recipients needs for the order; e. the payor’s ability to pay; and f. whether an order will pose an unfair burden on the payor.
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