2 total
Father imputed $70,000 income for support purposes; mother awarded sole custody and $40,000 in costs.
The applicant father sought joint custody, spousal support, and child support based on an imputed income of $26,000, while the respondent mother sought sole custody and support based on an imputed income of $73,000.
The court awarded sole custody to the mother, finding the parents' acrimonious relationship made joint custody untenable.
The court imputed an income of $70,000 to the father, finding he was intentionally underemployed and had under-reported his income.
The father was ordered to pay $1,037 monthly in child support and $500 monthly in spousal support for seven years, along with retroactive support and $40,000 in costs.
The mother was ordered to pay an equalization payment of $1,338.
Court discourages unilateral removal of children and restores parenting time approximating prior status quo.
In a family law motion concerning interim parenting arrangements, the father sought the return of the parties’ children to the matrimonial home after the mother unilaterally removed them without notice or court authorization.
The court reviewed allegations of abuse raised by the mother, noting they were denied, unproven, and had not resulted in findings by child protection authorities.
Emphasizing the importance of discouraging unilateral self-help measures that disrupt the existing parenting status quo, the court concluded that the father’s proposed schedule best approximated the prior parenting arrangement.
An interim order for joint parenting was granted with the father receiving regular weekend parenting time.
The order was made without prejudice pending further proceedings.
