The appellant, a disabled former spouse, appealed a motion judge's order reducing her spousal support from $1,500 to approximately $800 per month.
The motion judge had found a material change in circumstances based on the respondent's adoption of his new wife's children, his deteriorating health, and his new wife's inability to work.
The Divisional Court allowed the appeal, finding that the motion judge made palpable and overriding errors of fact regarding the respondent's health and income, and erred in law by failing to apply the 'first-family-first' principle to the respondent's voluntary assumption of new financial obligations.
The original spousal support order was restored.
