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The Court of Appeal set aside summary judgment against Eberhard Wey, finding genuine trial issues on limitations, res judicata, and abuse of process in light of alleged intimate partner violence.
The court held that a review of 'Parenting Time' in the consent order permits de novo consideration of parenting time, including shared parenting, despite a provision that the children 'principally reside' with the Respondent; an immediate s.211 report was unnecessary and should be deferred until after a transitional increase in parenting time, and on the merits a sudden move to 50/50 was not in the children's best interests so an intermediate increased schedule was ordered; costs were awarded to the Respondent as the substantially successful party on the central issue.
Source excerpt
The Tax Court held that the 2019 Consent Order did not identify any amount as spousal support, so the full monthly payment was non-deductible child support.
The court enforced a consent order requiring sale of the former family residence, gave the claimant sole conduct of sale, and awarded $1,000 costs.
Family law judgment on child support, adult-child status, income imputation, and retroactive variation, with partial success for both parties.
The court gave supplemental reasons on calculating spousal support from a prior consent order, directing the parties to identify the original table point and apply it to updated incomes.
The court interpreted a consent order in a family law proceeding and held it stayed enforcement of a quantified costs order pending the appeal hearing.
Application to determine child-support income was partly granted. The court set the respondent’s incomes for 2021 to 2024 and adopted a forward-looking yearly method.
The court held the parties were bound by a consent order capping the respondent’s 2022 Guidelines income at $500,000 and fixed the claimant’s at $1,000.
The Court of Appeal varied an estate litigation order, holding that a consent order waived privilege over estate accounting and fee amounts, but not legal advice in invoices.
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