The payor brought a motion to vary the terms of a refraining order previously granted by Justice Scully, seeking to reduce ongoing child support payments from $772.43 per month to $349 per month, commencing September 1, 2016.
The motion was heard by the case management judge presiding over the related motion to change proceedings.
The court declined to grant the variation, finding that the payor had not demonstrated a prima facie case for change and that granting the relief would effectively predetermine triable issues pending the scheduled trial in the motion to change, which was only twelve weeks away.
The court also expressed concern about the jurisdictional basis for varying a refraining order granted by a different judge in enforcement proceedings.
