The trial concerned the payment method for a $50,000 equalization payment owed by the applicant to the respondent, following a partial settlement of other issues.
The applicant proposed a set-off against future child support, citing hardship for a lump sum payment.
The respondent sought a lump sum payment to fund a home downpayment.
The court found it lacked jurisdiction to order a set-off against future child support, citing Lutz v. Lutz.
While acknowledging the applicant's hardship, the court ordered a partial lump sum of $20,000 by June 1, 2019, with the remaining $30,000 to be paid in monthly installments of $500, secured by a charge on the applicant's properties.
No costs were awarded.
