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


The following excerpt is from Litynsky v. Litynsky, 2012 BCSC 1160 (CanLII):

The defendant seeks to distinguish Jamieson v. Loureiro, 2010 BCCA 52, which held that a payer could not set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by him. He asserts that the holding in Jamieson -- that support is for the benefit of the child and should not be lost because the person to whom support is paid may owe, in another capacity, amounts to the payor -- has no direct application in the case at bar. He submits that equitable set-off is appropriate where, as here, a payee seeks to set-off arrears of child support and special expenses owed to him against a closely-related debt.

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