A default hearing brought by the Director, Family Responsibility Office against a support payor for arrears of child and spousal support totalling $68,335.56.
The payor had been in default since December 2008 following job loss and subsequent development of severe clinical depression and anxiety disorder.
The Director sought an order for incarceration.
The court found that the payor had discharged his burden of proof by demonstrating he was unable, for valid reasons, to pay the arrears or make subsequent payments.
The court dismissed the incarceration remedy and instead imposed reporting and disclosure obligations, including annual submission of tax returns, financial statements, and medical reports regarding the payor's employability.
