2 total
Interim spousal support granted; income not imputed to payor suspended due to pending criminal charges.
The applicant wife brought a motion for interim spousal support.
The respondent husband, a police officer, was suspended with base pay due to criminal charges laid by the applicant.
The court found the applicant entitled to interim spousal support.
The court declined to impute higher income to the respondent, finding his suspension did not constitute intentional under-employment while criminal charges remained pending.
The court imputed the applicant's income at a discounted rate of $45,000 to account for her recent return to work and health issues.
The court deferred scheduling a partially heard motion, ordering a case conference to address the dispute over proceeding virtually.
The respondent moved by a Rule 14B motion to continue previously heard substantive motions, either by virtual conference or in-person.
The applicant opposed a virtual hearing, citing potential prejudice.
The court noted that recent procedural changes eliminated the requirement for urgency or pressing matters for motions.
The substantive issues involved the enforceability of an alleged agreement and the effect of escrow provisions related to the sale of a commercial property.
Recognizing the complexities and the court's rescheduling challenges due to COVID-19, the court declined to immediately set a hearing mode or date.
Instead, it ordered a further case conference before another Justice to review the parties' positions on the substantive issues and the preferred mode of hearing (in-person vs. virtual), before rescheduling the motions.
