The respondent/payor moved to set aside a warrant of committal issued after persistent non-payment of child and spousal support and repeated non-compliance with disclosure and enforcement orders.
The court held that rule 19.08 of the Rules of Civil Procedure could apply to a motion to set aside a warrant, but only within the limited scope permitted by s. 41(15) of the Family Responsibility and Support Arrears Enforcement Act, requiring evidence of a material change in circumstances affecting ability to pay.
Applying the established three-part test for setting aside default orders, the court found the motion was brought promptly but the payor had no reasonable explanation for his non-attendance and no arguable case on the merits.
There was no evidence of a material change, no current financial disclosure, and no payment plan.
The motion was dismissed.
