Ariel Shimon Kirzner

The applicant sought an interim disbursement of $25,000 to retain an expert to review the respondent's income report in a motion to change child support.

The respondent, a church minister, had previously agreed to an imputed income of $300,000 but now sought a reduction based on a self-retained expert's report.

The court found prima facie merit in the applicant's argument that the respondent was attempting to relitigate the initial proceeding and that there were significant credibility and disclosure issues regarding the respondent's complex financial affairs, which were intertwined with his church and other businesses.

The court granted the interim disbursement, finding it necessary to level the playing field and that the respondent had the ability to pay while the applicant did not.

This endorsement determined the lump sum child and spousal support payable by the Respondent to the Applicant, and fixed costs.

The court ordered the Respondent to pay lump sum child support of $197,139 and spousal support of $44,411, totaling $241,550, based on the low end of the SSAG range given the duration of support.

The Applicant sought full indemnity costs, but the court awarded enhanced costs of $50,000, all inclusive, due to the Respondent's unreasonable conduct, including failure to provide disclosure and non-participation, which significantly increased the Applicant's legal costs.

The court found the Respondent's conduct unreasonable but not amounting to bad faith.