Motion to vary temporary support dismissed; father failed to prove material change in circumstances.
The respondent father brought a motion to vary a temporary support order, arguing his income had materially decreased from the $508,000 imputed in a prior order to $220,000.
The court dismissed the motion, finding the father failed to establish a strong prima facie case of a material change in circumstances or undue hardship.
The court noted the father's self-help in ceasing spousal support payments was inappropriate given his substantial assets.
The court declined to impute income to the applicant mother, who had been unemployed for a year after being fired by the father.
Adjustments to section 7 expenses were deferred until the father complied with the existing support order.