Kristen Bucci

An uncontested family trial concerning custody, child support, and divorce following the parties’ separation.

The applicant sought sole custody of the child and guideline child support after the respondent failed to file an answer or financial statement and did not appear at trial.

The court accepted the applicant’s evidence regarding caregiving history, the child’s living circumstances, and concerns about the respondent’s alcohol use and parenting conduct.

Income was imputed to the respondent due to the absence of financial disclosure.

The court granted sole custody to the applicant with reasonable access to the respondent, ordered guideline child support based on imputed income, addressed section 7 expenses and insurance obligations, and granted a divorce.

The applicant and respondent separated after an eight-year marriage.

The court determined child and spousal support obligations.

The court imputed $90,000 of pre-tax corporate income to the applicant under section 18 of the Federal Child Support Guidelines, finding the corporation's retained earnings exceeded its legitimate business needs.

The court ordered the applicant to pay retroactive and ongoing child support based on a shared custody set-off, declining to reduce his obligation based on the respondent's new partner's income.

The court also awarded the respondent compensatory and non-compensatory spousal support of $2,250 per month for a duration of six years from the date of separation, plus retroactive support.

The parties proceeded to trial on the issues of child and spousal support following an eight-year cohabitation.

The applicant father is the sole shareholder of a successful engineering company, while the respondent mother is employed at a modest income and has re-partnered.

The court imputed $90,000 of the corporation's pre-tax income to the father under s. 18 of the Federal Child Support Guidelines, setting his income at $201,537.

Child support was determined based on a shared custody set-off, with a deduction for the biological father's actual support payments.

The mother was awarded compensatory and non-compensatory spousal support of $2,250 per month for a fixed duration of six years, with a retroactive award adjusted for notional tax consequences.