How do courts assess interim support?

When courts are faced with the task of assessing whether one of the parties to a matrimonial matter are entitled to interim support, two components will be analyzed: whether the applicant is in need of the support and whether the respondent has the ability to pay.

In the case of Knowles v. Lindstrom, 2015 ONSC 1408 Justice Penny outlines that:

"[t]he parties agree that 'need' in cases such as this relates not only to basic shelter and necessities but to a lifestyle that is commensurate with the lifestyle enjoyed during the relationship, provided the other spouse has the ability to pay. Thus, the accustomed standard of living during a relationship is the appropriate content in which a payee spouse's need should be assessed."

Justice Penny further explains that an applicant who presented a modest expense budget in his/her Financial Statement should not be penalized for failing to spend beyond their means or for failing to advance, as their monthly budget, lavish expenses they are not actually incurring. In that regard, Justice Penny states:

"The applicant has presented a modest expense budget of approximately $76,000. As noted above, I do not think the applicant should be penalized for failing to spend beyond her means or for failing to advance, as her monthly budget, lavish expenses she is not actually incurring. By the same token, I agree with the respondent that while the parties' lifestyles during the relationship is relevant to the context for establishing the applicant's needs, it is within the court's discretion to draw the line at certain types of lavish expenditures, such as private jets."

To learn more about assessing interim support as well as the services provided by Krol & Krol, call 905.707.3370 today.