Charley Toby Levitan

The Applicant mother sought a temporary parenting order to resume a fixed parenting schedule, including overnight time, after two impaired driving incidents with children in the car.

The Respondent father had largely withheld the children due to safety concerns related to her alcohol abuse.

The court considered the children's best interests, the status quo, and the mother's efforts towards sobriety.

The court granted a modified parenting schedule with overnight access but imposed strict conditions, including supervision by the maternal grandfather for two months and mandatory use of the Soberlink Alcohol Monitoring System.

This endorsement addresses outstanding issues from a family law trial, including the precise calculation of retroactive and prospective child and spousal support, the set-off of support arrears against an equalization payment, and whether post-judgment interest should accrue on the equalization payment.

The court adopted the applicant's methodology for support calculations, which assigned full responsibility for the children's section 7 expenses to the respondent.

Retroactive support arrears owed by the respondent were set off against the equalization payment owed by the applicant.

The court declined to award post-judgment interest on the equalization payment, finding it just given the equalization payment's origin in a non-interest-bearing debt owed by the respondent to a corporate entity.

The Applicant sought interim and retroactive spousal support and retroactive Section 7 expenses.

The Respondent brought a cross-motion for accounting and questioning, and sought dismissal or stay of the Applicant's motion due to non-disclosure or pending a separate action.

The court dismissed the Applicant's claims for retroactive Section 7 expenses and both retroactive and ongoing interim spousal support, citing issues with entitlement, quantum, delay, and conflicting financial disclosure.

The Respondent's request to dismiss or stay the Applicant's motion was also dismissed, but the Applicant was ordered to provide comprehensive financial disclosure.