Can an interim order for support be made against a support agreement?

Ontario, Canada

The following excerpt is from Kazuk v Shuglo, 2015 ONSC 5381 (CanLII):

Two divergent lines of authority have developed with respect to the question of making an interim order for support given the existence of a separation agreement. In Palmer v. Palmer, 2003 SKQB 438 (CanLII), the court states at para. 12: …If interim relief is granted which flies in the face of an agreement, and that agreement is subsequently upheld at trial, the fairness and equity of the interim order may be brought into question. Except in exceptional circumstances, agreements should be respected and upheld until trial when the circumstances surrounding the agreement can be fully canvassed. It is only in rare cases that a court should vary from this principle. [Emphasis added.]

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