The applicant brought a motion to vary a temporary without prejudice spousal support order, seeking an increase to $850 per month.
The respondent argued that the applicant had not established a material change in circumstances and that income should be imputed to her due to insufficient efforts to find employment.
The court held that the test for varying a temporary without prejudice order is a hearing de novo, not a substantial change in circumstances.
The court declined to impute income to the applicant, finding she had made reasonable efforts to retrain and seek employment given her circumstances.
The motion was granted, and temporary spousal support was increased to $850 per month.
