Cross-motions were brought in a family law proceeding concerning child support for an adult child allegedly pursuing post-secondary education.
The father sought interim termination of a final child support order, alternatively requesting that payments be held in trust, and also sought security for costs.
The mother sought increased interim support and financial disclosure.
The court held that varying a final support order on an interim basis requires at minimum a prima facie case, clean hands, and evidence of hardship.
Finding no evidence of hardship and noting unresolved factual issues regarding whether the adult child remained a child of the marriage, the court dismissed the father’s motion and declined to determine the status issue on an interim basis.
