In what circumstances will the court order that a payor's share of family property be held in trust as security for the payment of ongoing support?
British Columbia, Canada
The following excerpt is from K.A.J. v B.G.J, 2021 BCSC 142 (CanLII):
In Elias v. Elias, 2013 BCSC 660, a case with facts similar to those before me, Justice Meiklem ordered that: the payor’s share of family property be held in trust as security for the payment of ongoing support; the payee spouse was entitled to draw on the security if the payor spouse defaulted on support payments; and, if the payor spouse did not default, he was entitled to draw down the security on an annual basis over three years.
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