The payor brought a motion under Rule 25(19) of the Family Law Rules to set aside a Final Default Order that fixed his spousal support arrears at over $480,000 and ordered incarceration in the event of future default.
The payor argued he did not receive adequate notice of the remote default hearing and was unable to attend due to age and health concerns amid the COVID-19 pandemic.
The court applied the Mountain View Farms factors and found that the payor had received adequate notice, simply chose to ignore the proceeding, and failed to establish an arguable case on the merits regarding his inability to pay.
The motion was dismissed.
