Spousal Support – Variation of a Final Order

A court has limited jurisdiction to vary a final Order for spousal support on a temporary basis (Crawford v. Dixon 14 RFL (5th) 267 Ont SCJ).  The moving party must demonstrate that he/she has a prima facie case, there must be a clear case of “hardship or urgency and the applicant must come to court with clean hands”. The court will look at the means of the parties and determine if it would be absurd to allow the final order to continue to trial. (ref -Family Law Newsletter – July 12, 2011 – Epstein’s This week in Family Law).

It is important to consult with a Toronto divorce lawyer when initiating a motion to vary or responding to such a motion.  Our family lawyers at Fine & Associates welcome any questions that you may have.