The respondent spouse brought a motion seeking a reduction in spousal support following a layoff and transition to commission-based employment.
The applicant spouse opposed the reduction and argued that the respondent’s historical earnings and earning capacity justified a higher imputed income.
The court held that, on an interim motion without credibility findings, caution should be exercised before imputing income where there has been a clear reduction in actual earnings.
The court fashioned a temporary stepped support structure to balance the parties’ financial hardship while allowing time for the respondent to re-establish income.
Reporting obligations regarding loan repayment and income were also imposed.
