Alexander W. Ostheimer-Lebeau

The respondent father brought a motion to change seeking to retroactively vary a 2010 child support order and rescind accumulated arrears.

The original order imputed an income of $35,000 to the father due to unemployment.

The father argued that medical issues prevented him from obtaining meaningful employment since 2010.

The court found the medical evidence insufficient and noted the father's lack of effort to find work, concluding there was no material change in circumstances.

The court also declined to rescind the arrears, finding the father had not established a complete inability to pay now or in the future.

The motion to change was dismissed.

The applicant mother brought an interim motion seeking primary residence, sole decision-making, and supervised parenting time for the respondent father, alleging substance abuse and relying on a CAS letter.

The father sought to maintain the status quo of a 2-2-3 equal parenting schedule, explaining that a medical incident was due to prescribed medication and that he had acted protectively by calling the paternal grandmother.

The court dismissed the mother's motion, finding insufficient evidence to justify the draconian measure of supervised parenting time or a departure from the status quo.

The equal parenting schedule was reinstated with specific safety conditions.