The moving party brought a motion for a refraining order against the Director of the Family Responsibility Office to prevent the suspension of his driver's license due to $3,000 in support arrears.
The moving party had unilaterally deducted $3,000 from his support payment, claiming a set-off for indirect payments made.
The court found that while the moving party made out a prima facie case for variation, he did not come to court with 'clean hands' because he took matters into his own hands by creating his own set-off against periodic support rather than waiting for the court to resolve the issue.
The motion for a refraining order was dismissed, and the moving party was ordered to pay costs to his former spouse, who had to respond to an improperly included claim for suspension of enforcement.
