From https://www.canlii.org/en/on/onsc/do...6onsc1818.html
So, spousal support should have terminated in 2014. Because the recipient stalled, she got an extra year of support, and the judge let her get away with it because... well, who knows. Payors certainly never get away with underpayment.
But wait! It gets better!
As many of us on this forum already know, parents with custody are already mostly immune from paying costs. This one is a new wrinkle though, apparently custodial parents are also shielded from any negative retroactive adjustments.
Sometimes, reading the case law makes me ill.
[18] As for the termination date for spousal support, Ms. Phillip has known since late 2014 that he was pursuing a change in support. As the many attendances above indicate, this matter has gone on almost 18 months. While she has known from the outset that a termination of spousal support was possible, she continued to resist and to a certain extent, she contributed to delay. I find that it is reasonable that spousal support be terminated effective October 23, 2015 which was the case conference I adjourned.
But wait! It gets better!
However, that would create an overpayment that would have an impact on the payment of child support. For that reason, I will make the termination of spousal support effective April 1, 2016.
Sometimes, reading the case law makes me ill.
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