What factors will the court consider when considering retroactive variation of an interim child support order?
British Columbia, Canada
The following excerpt is from N.M.M. v. N.S.M., 2004 BCSC 346 (CanLII):
It appears to me from the recent case of Tedham v. Tedham 2003 BCCA 600 that factors (2),(4) and (5) militating in favour of a retroactive order may have less significance when considering retroactive variation of an interim child support order. In Tedham the court had made an interim child support order in January 2001. The trial judge refused the custodial parent’s application for retroactive interim child support from January 2001 to the date of trial in 2002 based on the payor’s actual income in 2000 and 2001. On appeal, Prowse J.A. said the following at paragraph 57:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the court considered student loan payments as a factor in opposing a request for child support under the Child Support Guidelines? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim 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)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (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)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
In what circumstances will a court order retroactive child support for a retroactive period of 12 years? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What factors must the court consider when determining whether to modify an interim spousal support order? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
