Can a court set off child support against spousal support?
British Columbia, Canada
The following excerpt is from Jamieson v. Loureiro, 2010 BCCA 52 (CanLII):
The chambers judge held (at para. 18) that there was “no issue over the jurisdiction of the court to set off costs against spousal support, or for that matter child support”. He questioned whether it was appropriate to set off child support given that child support is the right of the child. Citing Starr v. Starr, 2008 BCSC 1519, the chambers judge declined to set off child support “retroactively or in the future”.
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