Kimela Kelner v. John Kelner (2009)

MEMORANDUM OF DECISION

On July 16, 2009 and November 10, 2009, the court addressed the issues of child support and Educational Support Orders.   Upon further review the court did not set the child support amount for the two youngest children, Emili and Jay. The present order for three children is $467 per week based upon the net weekly income of the defendant of approximately $2,000 and that of the plaintiff being zero.   According to the child support guidelines then in effect the presumptive child support amounted to $467 per week for the support of the three children, including John for whom child support has since terminated in accordance with the applicable Connecticut statute.   Since the original order the defendant's net weekly income is $1,316.   The court has also reviewed the transcript of the hearing of May 23, 2008, et seq., and finds that the plaintiff has an earning capacity of $35,000 per year.   Allowing for the permitted deductions for taxes, etc, the plaintiff's net weekly income is $567.   For 2 children the presumptive child support based upon a combined net weekly income of $1,880 is $409.   The defendant's share amounts to $286.   When Emili reaches the date for the termination of child support the amount for Jay would be $307 assuming no change in the child support guidelines, and no substantial change in the income of either party.   The amount of $286 is so ordered with the parties to reconcile any under/over payments within 30 days since child support for John terminated on May 17, 2008.   When Emili reaches the date for the termination of her child support, the remaining child Jay would be entitled to support of $214.

The judgment further provided for additional child support from any bonuses the defendant receives while any children or child is entitled to support.   Since only two children remain, the percentage of bonus to which the plaintiff is entitled for support is 20%, and when only one child remains, 15%.   If any payments were made at the 25% level after John's support terminated on May 17, 2008, the plaintiff shall remit the difference to the defendant within 90 days of this decision.

SO ORDERED.

BY THE COURT,

CARUSO, JTR

Caruso, John R., J.T.R.