The Family Responsibility Office (FRO) initiated a default hearing seeking an incarceration clause against the payor for child support arrears.
The payor opposed the incarceration term, arguing his conduct did not meet the threshold of wilful and deliberate disregard required by appellate caselaw.
The court reviewed the payor's history of non-payment, periods of unemployment, and subsequent compliance with varied support orders.
The court found that despite historical defaults, the payor's recent voluntary compliance and lack of aggravating conduct did not warrant an incarceration term.
The FRO's request for an incarceration clause was denied, and the default application was dismissed on a without prejudice basis, allowing the FRO to re-commence proceedings if future defaults occur.
No costs were awarded due to divided success.
