Following a family law motion involving requests to set aside a separation agreement, pursue equalization, and address child and spousal support, the parties reached temporary minutes of settlement increasing child support and adjourning other issues.
The respondent sought costs of $7,500 on a partial indemnity basis for preparation addressing limitation issues and the attempt to set aside the separation agreement.
The court found that significant preparation by the respondent related to issues that could not properly be determined on a short motion and that were effectively abandoned for the motion hearing.
Considering the limited success of the applicant and the access to justice concerns surrounding unresolved support and equalization issues, the court awarded partial costs to the respondent.
Costs were made payable upon determination or settlement of the outstanding issues unless the applicant abandoned her claims earlier.
