ARTHUR & ARTHUR

In the matter of *Arthur & Arthur*, the wife sought interim property settlement, spousal maintenance, and a departure from the child support assessment. The husband contended he lacked liquid funds to meet the wife's interim property settlement request, a submission the court rejected. The wife had no independent income, while the husband had unrestricted access to the majority of the matrimonial assets, valued at approximately $8 million.

The court was required to determine whether to grant the wife's application for interim property settlement, considering the husband's asserted lack of liquid funds and the disparity in asset access. Additionally, the court had to assess the wife's claim for spousal maintenance, evaluating her established need and the husband's capacity to meet it, given her primary care of the child. Finally, the court needed to consider the wife's application for a departure from the current child support assessment, examining the grounds for departure and the child's needs.

Watts J reasoned that the wife's application for interim property settlement was appropriate, adopting a conservative approach to the order. The court found that the husband had the capacity to pay the requested $100,000, despite his assertions to the contrary. Regarding spousal maintenance, the court found the wife had established a need for a reasonable weekly amount, and the husband had the capacity to meet this need. For child support, the court found grounds for departure from the administrative assessment, establishing the child's needs and ordering periodic and non-periodic support.

The court ordered the husband to pay the wife $100,000 by way of interim property settlement within 28 days. Pending further order, the husband was also ordered to pay the wife $2,250 per week by way of spousal maintenance. Furthermore, the court ordered a departure from the child support assessment, requiring the husband to pay $745 per week in periodic child support and to cover all education and medical expenses for the child.