2 total
Court adjourned a late-served summary judgment motion on valuation dates and awarded costs.
The Applicant brought a cross-motion for partial summary judgment regarding the valuation date, and the Respondent brought a motion for disclosure and a valuation report at her valuation date.
The court adjourned the Applicant's cross-motion due to insufficient notice and the need for a full day hearing, and also adjourned the Respondent's disclosure motion until after the valuation date issue is determined.
The Applicant was ordered to pay costs for the adjournment.
Summary judgment granted dismissing father's motion to change support as bankruptcy did not constitute a material change in circumstances.
The applicant mother brought a motion for summary judgment to dismiss the respondent father's motion to change a final order for child and spousal support.
The father argued that his assignment in bankruptcy and subsequent status as an employee rather than a business owner constituted a material change in circumstances justifying a reduction in support.
The court granted the mother's motion for summary judgment, finding no genuine issue requiring a trial.
The court held that the father's voluntary assignment in bankruptcy did not affect his income or capacity to earn money, and therefore did not constitute a material change in circumstances.
The father's motion to change was dismissed.
