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The court found the denial of parenting time wrongful, ordered compensatory parenting time and monetary reimbursement, varied child support prospectively, and refused a police enforcement clause.
Because the parties expressly agreed in the Consent Variation Order to a fixed monthly spousal support amount and expressly barred any variation, and because the applicant failed to meet the burden to impugn or show a basis for variation, the court must dismiss the application to vary the order.
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Application to vary spousal support dismissed: no material change in circumstances was shown, and the court held the consent order should remain in place.
Family law application about spousal and child support review, income imputation, retroactivity, and s. 7 expenses after a prior consent order.
The Consent Order's fixed childcare contribution remains binding and cannot be varied; retroactive section 7 claims are barred for periods prior to the Consent Order; government benefits (child tax and disability) are not shareable unless they directly relate to the specific section 7 expense claimed and, after accounting for incomes and applicable benefits, no cost sharing of the contested section 7 expenses (medical premiums, psychological, tutoring, and extra-curricular) was ordered; table child support adjusted to $831.60/month as of July 1, 2015; Mr. Nickerson must provide March Break no…
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The court denied cancellation of arrears and ongoing spousal support, but granted a spousal support variation and declared the daughter no longer a child of the marriage.
The court partially reduced child support arrears, imputed reduced income to the claimant, varied ongoing support for one child, and dismissed claims to recover prior settlement amounts.
The court adjourned a spousal support variation application as premature after the defendant’s stroke, leaving $1,000 monthly support in place and reserving costs.
The court refused to vary or extend time-limited spousal support under a 2005 consent order, but increased child support to $983 per month retroactive to July 1, 2009.
Because the amended notice of motion sought broader relief and the motions judge had a more complete record, he was entitled to decide on the merits; the matter was not res judicata and dismissal of the motion to vary support was within his discretion.
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