Momal Mansoor

The respondent (payor) brought a motion seeking an interim order to stay the enforcement of his support obligations by the Family Responsibility Office (FRO) and the underlying final support order for two months due to health reasons.

The court dismissed the motion, finding that the respondent failed to meet the stringent four-part test for interim variation of a final order, specifically lacking compelling medical and financial evidence, demonstrating clear hardship, urgency, or coming to court with "clean hands" given significant arrears and prior credibility issues.

The court also, on its own motion, varied the support order to terminate child support for one child (J.S.) as of December 31, 2023, and adjusted child support for the other child (A.S.) from January 1, 2024.

Comprehensive disclosure orders were made for both parties in preparation for an upcoming Settlement Conference.

The appellant mother appealed the dismissal of her application for parenting orders, retroactive and ongoing child support, and s. 7 expenses under the Family Law Act.

The motion judge had dismissed the application due to an existing divorce judgment from Michigan that already contained parenting and child support orders.

The Court of Appeal found no error in the motion judge's application of legal principles or exercise of discretion, noting that there was little else in dispute beyond child support.

The appeal was dismissed, and costs were awarded to the respondent.