Following a family law trial concerning spousal and child support obligations, the parties were unable to agree on the calculation of a support overpayment and on costs.
The court determined that the payor had overpaid support by $233 per month for 15 months following the trial order, totaling $3,495, and ordered repayment unless the parties agreed to resolve the issue through income tax filings.
On the issue of costs, the court applied Rule 24 of the Family Law Rules and concluded that the respondent wife was the more successful litigant, particularly regarding the continuation of spousal support despite the husband's request for retroactive termination.
After considering the parties’ settlement offers, litigation conduct, complexity of the matter, and the reasonableness of counsel’s fees and disbursements, the court fixed costs on a partial indemnity basis.
The respondent wife was awarded total costs of $23,695.16 payable forthwith.
