Mary Lombardo v. Robert Lombardo
-- December 10, 2010
MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR ORDER RE CAMP, POST-JUDGMENT, CODED 160; AND PLAINTIFF'S MOTION FOR MODIFICATION, POST-JUDGMENT, CODED 161
Many of the facts that give rise to these motions are not in dispute. The separation agreement between the parties provided for the children to go to camp for up to eight weeks with the cost to be divided in the same proportion as qualifying daycare as provided by the child support guidelines. The defendant in his motion coded 160, dated May 17, 2010, claims that the plaintiff has not paid her share for camp for the summer of 2008 and also seeks to have her pay for her share of camp for the summer of 2010. The court finds that the defendant has failed to prove that he paid any expenses for the boys to attend camp in 2008. The defendant also claims that the boys attended camp in the summer of 2009. There is further no proof that the boys attended baseball camp in 2009 in addition to which the motion for order filed by the defendant alleges that “the children were not enrolled in camp for 2009.” The defendant further claims that he had to pay for babysitting services in 2008 in the amount of $450 as a result of the children not attending camp. There was no credible evidence that the defendant made any such payment. The court does find that the children were enrolled in camp for the calendar year 2010 at a total cost of $400. That $400 cost included both the children between the parties as well as the defendant's stepson. The court allocates the full $400 allowed for the children of this marriage, the plaintiff's share of which is 64 percent or $256. The $256 is to be paid when the defendant has paid the alimony arrearage in full. The plaintiff, in her motion coded 161, also seeks to terminate the camp provision. That request is denied.
Sidney Axelrod, J.T.R.
Axelrod, Sidney, J.T.R.