What is the impact of an overpayment of child support by a parent to a mother?
Ontario, Canada
The following excerpt is from Taylor v. Schultz, 2020 ONSC 5974 (CanLII):
The mother is seeking that the amount of the overpayment be ordered to be credited toward her future child support obligations, if any. The following factors are relevant considerations in a case where a parent claims an overpayment: 1. The amount of the overpayment; 2. The overall financial situation of the parties, including their incomes and net worth; 3. Whether an order requiring repayment of all or part of the overpayment would cause hardship, including any impact on the child; 4. Whether an order releasing the recipient from repaying the overpayment would result in hardship for the other party; and 5. Any evidence of blameworthy conduct on the part of either party relevant to the overpayment issue. Meyer v. Content, 2014 ONSC 6001, at para. 100.
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