What is the test for an agreement for maintenance and support?

Alberta, Canada


The following excerpt is from A.P. v. D.P., 1995 ABCA 439 (CanLII):

In sum, the correct test was put by Campbell, J. in Moore v. Moore (1988) (at 55-56 [C.B.R.]): It must be a question of fact in each case whether the debt or liability arises under an agreement for maintenance and support. The nature of the liability, the words of the agreement, and the circumstances surrounding the negotiation of the agreement may all be looked to in order to make a finding of fact about the nature of the debt or liability. The task in these cases is to determine as a question of fact whether the money owing under the agreement is really in the circumstances a form of maintenance and support, or is basically intended as maintenance and support, or is in effect maintenance and support or a substitute for it [emphasis added]

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