What is the test for a lump sum order for support at the time of divorce and equalization?
Ontario, Canada
The following excerpt is from Rilli v. Rilli, 2006 CanLII 34451 (ON SC):
Given the respondent’s pre-divorce history of arrears of support, it is unfortunate that an order for a lump sum was not made at the time of divorce and equalization, when the parties likely had liquid or shared assets to facilitate the transfer of a lump sum for support. However, at the present time there is no great disparity between the parties’ financial situations, as in Elliot v. Elliot[2], and, being bereft of liquid assets, the respondent is incapable of paying a lump sum order. To order him to do so would cause him undue hardship.
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