Supreme Court

Decision Information

Decision information:

Summary: In 1993, the Applicant sought custody and child support for daughter - Respondent had not appeared at hearing and relief requested was granted to Applicant. Now the Respondent is seeking to set aside Order and to vary quantum of support, cancel accumulated arrears and stay of enforcement of existing support Order. The Respondent seeks retroactive variation based on "overpayment". As the respondant did not take steps over the last 2 years to vary support terms, he should not now seek to do something retroactively.
Abstract: Application to vary the quantum of support, cancellation of accumlated arrears and a stay of enforcement of the existing support order
Decision: The Respondent is directed to file and serve motion for variation of quantum of child support. Stay of enforcement proceedings lifted. The respondent's application dismissed
Subjects: Family law - Children - Custody and access
Family law - Children - Maintenance

Decision Content

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