2 total
Interim support motion dismissed as premature because parties still resided together and applicant paid all expenses.
The respondent brought a motion for interim child and spousal support.
The parties were separated but continued to reside in the matrimonial home with their children.
The applicant was paying all carrying costs for the home, joint debts, and children's expenses.
The court dismissed the motion as premature, finding that interim support is generally not payable when the payor spouse covers all carrying costs while the parties reside together under the same roof.
The respondent was granted liberty to renew the motion once the matrimonial home is sold.
Family proceedings stayed until respondent father pays $31,735 in outstanding costs and child support arrears.
The parties attended a case conference regarding the respondent father's request to review the parenting schedule.
The respondent had failed to pay over $250,000 in child support arrears and $31,735 in costs from prior orders, claiming the court lacked jurisdiction because he lived in Pennsylvania.
The court found that the respondent's blatant refusal to comply with financial orders went to his ability to act in the children's best interests.
Relying on Rule 1(8) of the Family Law Rules, the court stayed the proceedings until the respondent paid the outstanding costs, and permitted the applicant mother to bring motions for security for costs and to strike the respondent's pleadings.
