2 total
Equalization claim dismissed for lack of valuation evidence; retroactive and ongoing spousal support awarded.
The parties separated after a 29-year marriage.
The respondent sought equalization and spousal support.
The court found the respondent abandoned her equalization claim by failing to obtain a business valuation for the applicant's company, despite court orders.
However, the court awarded the respondent retroactive and ongoing compensatory and non-compensatory spousal support, imputing income to both parties due to the applicant's unreliable financial disclosure and consumer proposal, and the respondent's capacity to earn income.
Husband's motion to change stayed until he pays previously ordered equalization and costs.
The parties, former spouses, brought competing motions in a long-running family law dispute.
The wife sought to stay the husband's motion to change support and possession orders due to his failure to pay a previously ordered equalization payment of nearly $400,000 and over $13,000 in costs.
The husband sought an order evicting the wife from the matrimonial home and leave to amend his motion to claim spousal support.
The court found the husband had no reasonable excuse for failing to pay the equalization and costs.
Relying on the Family Law Rules regarding failure to obey court orders, the court stayed the husband's motion to change until he paid the equalization judgment and costs.
If he complies, he may amend his pleadings and the wife must bring a motion to determine her right to possess the home.
