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Applicant awarded 50% beneficial interest in home and partial retroactive child support; tuition claim dismissed.
The applicant sought property, support, and parenting orders following the breakdown of a nine-year common-law relationship.
The court found the applicant held a 50 percent beneficial interest in a home titled solely in the respondent's name, as she had contributed to the down payment and carrying costs from a joint account.
The court declined to impute a one-time capital gain to the respondent's income for child support purposes.
Retroactive child support was awarded from the date the respondent ceased paying the children's private school tuition, but the court declined to order retroactive contribution to the tuition itself, finding the private school expenses were neither necessary nor extraordinary given the post-separation financial circumstances.
Mother granted sole decision-making and primary residence; father granted parenting time and ordered to pay support.
The parties sought determination of decision-making responsibility, primary residence, and child support for their young child.
The child had been primarily residing with the respondent father and paternal grandmother since the parties separated.
The court found that the applicant mother had historically been the primary caregiver and that the respondent's plan relied heavily on the paternal grandmother and posed a risk of relocation for his medical residency.
The court granted the applicant sole decision-making responsibility and primary residence effective the next school year, with significant parenting time for the respondent.
The applicant was ordered to pay retroactive child support, which would be set off against the respondent's ongoing child support obligations.
