Scott Merrifield

The applicant brought a motion to change seeking indefinite spousal support and child support.

The respondent brought a motion for summary judgment to dismiss the motion to change.

The parties had previously executed comprehensive minutes of settlement and a final release regarding spousal support, which were incorporated into a 2008 court order.

The court applied the LMP and Willick framework, finding no material change in circumstances that was not contemplated by the final agreement.

The court also found no genuine issue for trial regarding child support, as the respondent had met all obligations.

The respondent's motion for summary judgment was granted, and the applicant's motion to change was dismissed.

The applicant brought a motion for summary judgment to set aside a separation agreement.

The respondent raised a preliminary objection that the summary judgment procedure was unavailable because the applicant had also claimed a divorce.

The court dismissed the objection, finding that the rules only prohibit using summary judgment to obtain the divorce itself.

On the merits, the court found the separation agreement was grossly improvident, as the applicant waived substantial spousal support, her interest in the matrimonial home, and equalization of the respondent's pension without independent legal advice.

The court concluded the respondent exerted his will over the applicant, resulting in an unconscionable agreement, and exercised its discretion under section 56(4) of the Family Law Act to set it aside.

The applicant sought indefinite spousal support of $1,000 per month due to a disability that rendered her unable to work.

The respondent proposed $400 per month for a limited duration.

The parties were married for seven years.

The court balanced the applicant's indefinite needs against the short duration of the marriage and the respondent's financial circumstances, including his new child.

Applying the Spousal Support Advisory Guidelines, the court ordered the respondent to pay $622 per month for approximately six and a half years, and to secure this obligation through a life insurance trust.