Is retroactive child and spousal support retroactive?

British Columbia, Canada


The following excerpt is from Geboers v Geboers, 2018 BCSC 181 (CanLII):

The Respondent refers to MacDonald v. MacDonald, 2005 BCCA 23, for the proposition that “… to the extent that an award of retroactive child support is properly seen as a redistribution of capital or an award of spousal support in the guise of child support, such a retroactive award should not be made”: para. 33. I fail to see how this relates to whether or not the Respondent will experience hardship if a retroactive award is granted.

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