A payor spouse brought a motion to vary a spousal support order following a review clause in a prior consent order.
The responding spouse sought increased spousal support and payment of alleged child support arrears, arguing that additional support was required while completing medical specialty training.
The court found the prior order contemplated four years of support to allow the responding spouse to complete training and held that the opportunity had not been pursued during that period.
While recognizing the difficulty of balancing childcare with residency demands, the court concluded it would undermine the original agreement to restart the full support period.
The court ordered limited further support equivalent to two academic years, contingent on enrollment in a specialty program, and dismissed the claim for child support arrears as contrary to an arbitration clause in the prior order.
