Spousal Support Modification Retroactivity Due to Bad Faith Concealment of Income

Generally, modification decisions regarding spousal support under Article 137 of the Civil Code take effect no earlier than the date the application for modification is filed; however, the court held that an exceptionally earlier retroactive effect is permissible for very specific reasons, particularly if one party acted in bad faith. In this case, the court found that the recipient spouse acted in bad faith by deliberately concealing a significant income increase that began in September 2005 during ongoing proceedings, despite an affirmative duty to disclose such changes, and therefore, the reduction in support, initially set for the filing date in June 2007, was ordered to be effective retroactively to January 1, 2006, balancing fairness against the recipient's breach of the duty of disclosure.