Following a common-law separation, the court determined parenting, child support, property, and spousal support issues concerning a young child and two real properties acquired during the relationship.
The court found joint custody was in the child’s best interests, despite significant parental conflict, because both parents could contribute to major decisions and safeguards could be imposed for deadlocks; the child’s primary residence remained with the respondent, with expanded parenting time to the applicant.
For support purposes, the court imputed income to the applicant based on undeclared cash earnings, declined to impute additional post-separation income to the respondent, and fixed child support under the shared custody framework in an amount above set-off but below full table support.
The respondent’s resulting trust claims to the Mariner and Leopold properties were dismissed because the presumption was rebutted by evidence of donative intent.
The applicant was awarded time-limited spousal support.
