In what circumstances will the court order interim support on a motion for spousal support?
Ontario, Canada
The following excerpt is from MacKenzie v. Flynn, 2010 ONCJ 184 (CanLII):
[21] In Robles v. Kuhn, 2009 BCSC 1163, [2010] B.C.W.L.D. 1935, [2010] W.D.F.L. 1330, [2009] B.C.J. No. 1699, 2009 CarswellBC 2239 (B.C.S.C.), the court added the following considerations: 1. On interim support motions, needs and ability take on greater significance. 2. On interim motions, the need to achieve self-sufficiency is of less importance. 3. Interim support should be ordered within the SSAG (Spousal Support Advisory Guidelines) range unless exceptional circumstances dictate otherwise. 4. Interim support should only be ordered where a prima facie case for entitlement has been set out.
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