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The court granted the mother exclusive possession of the matrimonial home and ordered interim support based on the father's stated income, deferring complex income imputation issues to trial.
The applicant mother sought exclusive possession of the matrimonial home, spousal support, child support, and disclosure, while the respondent father brought a cross-motion for immediate sale of the home.
The court dismissed the father's motion for immediate sale and granted the mother exclusive possession, finding it unfair to dislocate her and the children prematurely given the availability of an early trial.
The court also declined to impute income to either party on an interim basis, citing the complexity of the income analysis and the summary nature of motions.
Temporary child and spousal support were ordered based on the father's stated income, with all support determinations being without prejudice to re-determination at trial.
