Wen Chin Hu

This decision concerns cross-motions by both parents, Weihai Xue and Yunzhe Lu, each seeking increased parenting time with their three children.

The court found a material change in circumstances since the parties’ May 2024 Minutes of Settlement, as the children were not adjusting well to the equal-time-sharing schedule and the parents were unable to cooperate effectively.

The court ordered a new alternating weekly schedule to reduce transitions and provide greater stability, and directed the parties to seek therapy for their eldest child and to communicate only through a co-parenting app.

Following a trial on the equalization of net family property, the parties were unable to agree on the final equalization payment and costs.

The court determined that the applicant owed the respondent an equalization payment of $639,398, rejecting her argument regarding a bank account balance based on an Agreed Statement of Facts.

The court found the respondent was the more successful party but noted both parties behaved unreasonably during the litigation.

The applicant was ordered to pay the respondent $45,000 in costs.

The Applicant Wife and Respondent Husband sought equalization of net family property following their separation after 29 years of marriage.

The court addressed several contentious issues, including the treatment of a joint bank account, the classification and exclusion of properties (Gaomei and Gaoshi) as matrimonial homes or gifts/inheritances, the validity of claimed debts (Wife's debt to her mother, Husband's debt to his sister, and car loan), and the equalization of a family business.

The court made specific findings on each asset and liability, emphasizing the need for clear, convincing, and cogent evidence for deductions and exclusions, and the intention behind financial transfers from parents to adult children.