What is the effect of retroactive support orders on a spouse who has failed to pay for support for over a year?
Ontario, Canada
The following excerpt is from Bukvic v. Bukvic, 2007 CanLII 14323 (ON SC):
Retroactive support orders often take effect as of the date of separation as, presumably, the support obligation arises on that date. Factors to consider include need and corresponding ability to pay, a legitimate explanation for delay in presenting the claim, delay or incomplete disclosure by the support payor and unsuccessful negotiations: see Marinangeli v. Marinangeli, supra.
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