What is the test for determining whether a non-occupying spouse has been paying child and spousal support for the past 10 years?
Ontario, Canada
The following excerpt is from JTBW v SW, 2010 ONSC 4491 (CanLII):
The Court in Higgins v. Higgins[4] considered further factors: a) the conduct of the non-occupying spouse, including the failure to pay support; b) whether the non-occupying spouse moved for sale of the home, if not, why not; whether the occupying spouse paid the mortgage and other carrying charges of the home; c) whether the children resided with the occupying spouse and if so, whether the non-occupying spouse paid, or was able to pay, child support; d) whether the occupying spouse has increased the selling value of the house.
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