Opinion
No. FST FA 02 0192724 S
May 10, 2006
MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO SET CHILD SUPPORT POSTJUDGMENT ( 147)
The parties' marriage was dissolved by judgment rendered January 8, 2004 after an uncontested hearing that approved their written agreement and ordered it incorporated in the judgment. Paragraph 3.2 provided that the defendant shall pay child support upon commencement of his employment. He is employed by the City of New Haven as a teacher and tutors as well, listing total net weekly income of $673.63 on current financial affidavit. The plaintiff lists $1,191.33 total net weekly income on her affidavit. The weekly basic child support for one child with the parents' combined net weekly income of $1,865 is $306 with 36% allocated to the defendant or $110 weekly.
His initial employment as a teacher commenced in August 2004. The parties submitted a written stipulation of the following facts:
"1. The husband earned $923.00 gross with a net of $744.00 per week from 8/16/04 through 10/8/04.
2. The husband became employed again on 2/28/05 and has been so employed to the present date at his current earnings." (De. Ex. A.)
The plaintiff submitted a guidelines worksheet (copy attached) that the court accepts. It uses figures from the plaintiff's 8/04 financial affidavit and the defendant's 10/27/04 financial affidavit and arrives at a presumptive weekly support of $120. From August 20, 2004 through February 4, 2005 inclusive there are 25 weeks.
The court finds, based on the evidence, that he voluntarily left this employment without justification. The court will apply the earning capacity principle to his hiatus from work, Miller v. Miller, 181 Conn. 610, 436 A.2d 279 (1980). Based on the forgoing his child support obligation for the 25 weeks is $3,000.
The defendant moves the court for a finding that he is sharing physical custody and therefore is entitled to a deviation from the presumptive support amount citing Section 46b-215a-3(b)(6)(A) of the CSAA Guidelines Regulations.
The first issue is to determine if a shared physical custody exists. They have been caring for their child utilizing a two-week cycle with the plaintiff responsible for eight days and the father responsible for six days. This arrangement, although not 50/50, is clearly a shared custody.
The next issue is to determine if the arrangement substantially reduces the plaintiff's expenses for the child. The evidence presented did not convince the court that a substantial reduction occurred in the plaintiff's expenses for the child. It must also be determined if a substantial increase in the defendant's expenses for the child resulted from the shared custody. The court cannot conclude that the father's expenses have substantially increased. The court concludes that a deviation is not appropriate. LeFebvre v. LeFebvre, 75 Conn.App. 662, 669-70; 817 A.2d 750 (2001).
Child support is fixed at $110 weekly payable from the first Friday occurring after the defendant's commencement of employment with the City of New Haven in February 2005. A wage withholding order is entered.
The parties have no stipulation regarding the accumulated arrears. The court determines that the first full week of February 2005 ended on Friday the 11th or 47 weeks in 2005 with an additional 18 weeks in 2006 to, May 5th. The total due is $7,150 for this time span and an additional $3,000 for the earlier period, a total of $10,150. The defendant shall pay $22 on the arrearage weekly until paid in full or sooner modified by court order.
No attorneys fees are awarded.
SO ORDERED.
*Editor's Note: Child Support Guidline Worksheet not reproduced herein.