Kimberly Paynter

The applicant mother brought a motion to change a custody and access order from October 2016, seeking primary residence, a week-about schedule, child support set-off, and proportionate sharing of section 7 expenses.

The respondent father brought a cross-motion to dismiss the mother's motion and sought sole custody, limited access for the mother, child support, and 50% of special expenses.

The court found the mother failed to establish a material change in circumstances warranting variation of the custody order.

The court found the father established a material change in circumstances based on the parties' inability to co-parent and the mother's non-adherence to the access schedule.

The father's motion was granted, establishing sole custody with the father, modified access for the mother, and child support obligations for the mother.

The respondent brought a motion to terminate child support for one child, recalculate child support, and fix arrears for Section 7 expenses.

The applicant sought payment of Section 7 expenses and ongoing support for the other child.

The court terminated child support for the elder child as of August 1, 2012.

The applicant's claim for Section 7 expenses was largely denied due to her non-compliance with a prior court order requiring consent and receipts, except for $8,000 for extracurriculars and $1,500 for uninsured medical expenses.

The respondent's child support overpayment of $19,317 was recognized and offset by the $9,500 owed to the applicant.

The court emphasized the importance of adhering to prior settlement agreements and disclosure obligations.