Is a limited term support order final?
Ontario, Canada
The following excerpt is from Bergeron v. Bergeron, 1999 CanLII 13985 (ON SC):
[11] Trewin v. Jones is also authority for the proposition that a limited term support order is never final and the court retains a jurisdiction to vary or continue support before or after the limited term expires under section 17 of the Divorce Act. The limited-term support order merely shifts the onus of proof to the recipient to explain why what was assumed would happen did not happen and why support should be continued. A “review order” may accomplish the same purpose, particularly in a case such as this where there is a specific provision that the recipient be required “to show that she has made diligent and good faith efforts to seek employment or attend school since the making of this order”. But there is a significant difference between a limited-term order and a review order.
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