2 total
Costs awarded to more successful party after competing interim family law motions.
Following two competing family law motions involving interim support, parenting access, and related corollary relief issues, the court determined costs.
The applicant had been more successful overall, obtaining spousal and child support, although she did not receive the interim disbursement requested and did not meet or exceed the terms of her settlement offer.
The court also noted that issues of conduct and bad faith were difficult to determine at the interim stage and did not affect the analysis.
Applying a partial indemnity approach and recognizing divided success, the court awarded costs to the applicant.
Interim child and spousal support ordered; divorce severed from corollary issues; sale of home deferred.
The parties brought cross-motions for interim relief.
The applicant sought interim child and spousal support, while the respondent sought an access order, severance of the divorce, and the sale of the matrimonial home.
The court ordered interim child support for one minor child and one adult child attending university, and fixed the respondent's income at $300,000 for the purpose of interim spousal support.
The court granted the respondent reasonable access to the minor child, severed the divorce from corollary issues, and deferred the issue of selling the matrimonial home.
