What is the impact of a long delay in claiming support?
Ontario, Canada
The following excerpt is from Jasiobedzki v. Jasiobedzka, 2022 ONSC 1854 (CanLII):
Extreme delay in claiming support can diminish or defeat a claim. It may raise questions as to whether there was an ongoing reasonable expectation of support, and whether there was actual need on the part of the claimant spouse. The longer the delay, the greater the need to offer a compelling explanation for the delay because of the increasing presumption of financial independence and clean break. It may also affect quantum of support: Karlovic v. Karlovic, 2018 ONSC 4233, 12 R.F.L. (8th) 325, at para. 70.
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