Mathen

The parties, parents to an eight-year-old boy, separated in 2022 following an incident of family violence.

The father sought increased parenting time and a corresponding reduction in child support, while the mother sought retroactive child support and proportionate sharing of various extracurricular activities as section 7 expenses.

The court found that increasing the father's parenting time was not in the child's best interests given the child's distress from the parents' conflict and need for stability.

The court ordered the father to pay child support arrears and determined which extracurricular activities qualified as extraordinary expenses to be shared proportionately.

The applicant brought a motion for disclosure and a preservation order in a family law proceeding.

She sought original promissory notes for ink testing, virtual tracing of electronic signatures, proof of interest payments, and tracing of funds related to the respondent's withdrawals from a joint HELOC.

The court adjourned the request for original notes on consent, and dismissed the remaining disclosure requests, finding the respondent had provided answers and the issues were better suited for trial.

The request for a preservation order was dismissed without prejudice as it was outside the scope of the leave granted for the motion and lacked urgency.

The applicant sought a declaration that he had complied with a 2011 separation agreement, while the respondent sought enforcement of the agreement, retroactive child support, and reimbursement for funds advanced to their daughter.

The court found the applicant's evidence regarding alleged variations to the separation agreement to be not credible and ordered him to pay $360,693 for preconstruction deposits and $845,816.44 for the matrimonial home mortgage.

The court also imputed income to the applicant and ordered him to pay $19,333 in retroactive child support, but dismissed the respondent's claim regarding the daughter's condo.