Catherine M. Hibberd

The applicant mother brought a motion for temporary child and spousal support.

The respondent father argued he met the 40% shared parenting threshold under section 9 of the Child Support Guidelines, warranting a reduction in support.

The court found the father failed to establish he met the threshold and ordered full guideline child support based on his income of $103,000.

Spousal support was denied due to insufficient funds.

The court also ordered the children to attend public school unless the mother's family continued to fund their private school tuition.

The applicant sought temporary child and spousal support, while the respondent cross-moved to impute income to the applicant and to calculate his income excluding certain non-cash and bonus components.

The parties shared parenting time equally.

The court declined to impute income to the applicant, finding she was not intentionally under-employed given her ongoing efforts to find work and her historical role as primary caregiver.

The court used the respondent's line 150 income of $217,007 to calculate temporary support, ordering him to pay $2,776 monthly in child support and $3,916 monthly in spousal support pending trial.