Entitlement to Spousal Support

The courts have held that an Applicant for spousal support, must demonstrate the following in order to qualify for interim (ie. temporary support):

– a “good, arguable case”;

-a “prima facie case ” (ie. valid on the face of the case);

– demonstrate “credible evidence sufficient to entitle one to support”.

Therefore, on a motion for interim support, the Applicant must demonstrate some degree of entitlement to or need for interim support.  A court would assess the evidence and if the Applicant can establish a claim for support an Order may be granted. (Ref – Family Law Newsletter – Epstein’s this Week in Family Law – April 19, 2011).

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