R. Stone

The father brought a motion seeking sole custody and restricted access for the mother following the parties’ separation and ongoing disputes over parenting time.

The mother brought a cross‑motion seeking sole interim custody and equal parenting time after she unilaterally retained the children.

The court found no clear basis to prefer one parent over the other pending an investigation by the Office of the Children’s Lawyer.

An interim order for joint custody was granted with equal parenting time on a rotating weekly schedule during the summer.

Issues of child support were adjourned pending further submissions.

Following separation after an eight‑year marriage with three children, the applicant commenced proceedings after the respondent unilaterally reduced child and spousal support agreed to in minutes of settlement.

The principal issue at trial was the respondent’s income for support purposes, where evidence showed undeclared gratuities and reduced post‑separation employment.

The court found the respondent intentionally under‑employed and imputed income based on historical earnings and earning capacity.

Child support was recalculated based on imputed income, and spousal support continued at the amount agreed in the parties’ settlement.

The applicant’s claim for equalization of alleged missing cash kept in the matrimonial home was dismissed for insufficient proof.