James Licari v. Susan Licari (2009)

MEMORANDUM OF DECISION de PLAINTIFF'S MOTION FOR MODIFICATION (173)

The parties' marriage was dissolved on February 4, 2004 supplemented by a May 4, 2004 stipulation providing for the plaintiff to pay $205 weekly child support based on the guidelines.   The plaintiff's affidavit listed net weekly income of $1,139.35 and the defendant listed her net weekly income of $304.

His current affidavit lists self employed income of $343 gross weekly and $304 net after taxes.   The defendant lists no income from work but $150 weekly pendente lite alimony from a subsequent husband, Tim McLaughlin.   The defendant admitted in court she could work part time as a dental assistant earning $22 hourly or $440 weekly gross.   The court finds she has an earning capacity of $325 weekly net.

The court finds a substantial change in the circumstances of the plaintiff in that the work available in the current economic conditions provide far fewer opportunities for jobs.   His income has declined through no fault of his.   The court finds the combined net incomes of $630 call for $154 child support allocated 48% to the plaintiff or $74 weekly child support.   The court previously ordered that any modification was retroactive to August 17, 2009.   There is an arrearage of $2,945 as of September 28, 2009 which requires an adjustment to recognize the retroactivity.   It is seven weeks of overpayment of $131 ($205-$74 = $131) x 7 or $917 credit.   The court finds the corrected arrears to be $2,028 to be paid $15 weekly (20% of current) for a total due of $89 weekly.

The court orders a copy of this decision forwarded to Support Enforcement for their records.

So Ordered.

HARRIGAN, J.T.R.

Harrigan, Dennis F., J.T.R.