If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient?
Ontario, Canada
The following excerpt is from Schmuck v. Reynolds-Schmuck, 1999 CanLII 15000 (ON SC):
Where the parties have delayed obtaining a support order while trying to negotiate a settlement, it has been recognized that it is desirable that the parties attempt to negotiate a separation agreement and resolve their financial issues without the necessity of a court action and should not be penalized for delaying in proceeding to court. See, Chrintz v. Chrintz, supra, at 244: If there is no reconciliation or negotiated settlement achieved, a recipient should not be penalized by not receiving a spousal and/or child support payment that they would otherwise be entitled to from the date of that entitlement.
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