Does a blameworthy conduct of the payor in calculating income for the purposes of retroactive maintenance be considered a bar to a retroactive order?
British Columbia, Canada
The following excerpt is from R.L.M. v. B.A.N., 2004 BCSC 201 (CanLII):
Although blameworthy conduct may favour the granting of a retroactive order, non-blameworthy conduct is not a bar to an order. That is, an order may be made even if the mistake in calculating income was an honest one. See: Tedham v. Tedham, supra. In Tedham, the payor-parent honestly miscalculated his income. Nevertheless, an order for retroactive maintenance was made because that was the amount that the payor-parent had the ability to pay at the time and was therefore the amount that was payable to the child at the time.
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