Kenneth W. Clark v. Mary Ann Clark
MEMORANDUM OF DECISION RE MOTIONS FOR MODIFICATION OF ALIMONY AND SUPPORT, POSTJUDGMENT (# 479.00 and # 497.00)
The marriage of the parties was dissolved by decree of this court on August 18, 2009 at which time the court filed a written Memorandum of Decision (# 438.00). The parties are the parents of two minor children, to wit: Kenneth W. Clark IV, born September 24, 1996, and Robert Clark, born January 14, 1999. The defendant wife (“wife”) was awarded sole legal and physical custody, and both children reside primarily with her. The older child has been diagnosed with a form of autism. Prior to the current academic year, he had been enrolled at Eagle Hill School. As of this date the child has been unable to return for the current academic year as a result of the fact that the plaintiff husband (“husband”) has failed to pay his full share of that court-ordered expense, leaving a large balance outstanding. During much of the litigation, both parties were represented by counsel, however both are now self-represented. The matter comes to this court by way of the wife's Motion for Modification of unallocated alimony and child support (# 479.00) dated November 20, 2009, and the husband's Motion for Modification of Unallocated Alimony and Support (# 497.00) dated March 3, 2010.
The parties appeared before the court and offered testimony and evidence. In brief, the wife is a real estate broker in Greenwich and a full-time homemaker, and the husband works full-time as a senior captain for American Airlines. The testimony and evidence, in particular their respective financial affidavits, demonstrate that the net income of both parties has improved somewhat since the date of the dissolution. However, the court does not find the changes to be significant, and, therefore, a modification of the alimony and support order by either party is unwarranted at this time. Moreover, the testimony and evidence further demonstrate that this once comfortably situated family finds itself heavily in debt and stressed to the max financially. This situation is persistent and will continue to worsen until there is some final disposition of the marital real estate both in Connecticut and in Florida. The underlying judgment is currently on appeal.
The Court, having heard the testimony of both parties, and having considered the evidence presented at hearing, as well as the factors enumerated in General Statutes §§ 46b-56, 46b-82, 46b-84, 46b-86, and 46b-215a, including the Child Support and Arrearage Guidelines Regulations, hereby makes the following findings.
1. That an award of permanent or pendente lite child support may be modified upon the demonstration of a substantial change of circumstances since the date of the last order, or that the order substantially deviates from the Child Support Guidelines, unless the order itself clearly precludes modification. General Statutes § 46b-86(a); Borkowski v. Borkowski, 228 Conn. 729, 737 (1994).
2. That there has been no substantial change of circumstances since the date of the last order.
The foregoing motions having been heard, IT IS HEREBY ORDERED THAT the defendant's Motion for Modification (# 479.00) is HEREBY DENIED, and the plaintiff's Motion for Modification (# 497.00) is HEREBY DENIED, and IT IS FURTHER ORDERED THAT there having been a contested hearing at which the financial orders were in dispute, the financial affidavits of the parties are hereby unsealed per P.B. § 25-59A(h).
Shay, Michael E., J.