Nancy Bilby v. Steven Bilby (2010)

ORDER RE PAYMENT OF FEES, POST-JUDGMENT

The marriage of the parties was dissolved by decree in the Regional Family Trial Docket on February 3, 2005, which decree was amended on March 18, 2005.   The plaintiff, now known as Nancy Marenakos, has filed a Motion for Modification in which she seeks to modify the present custody and visitation orders.   The court appointed Dr. Elizabeth Bergen to perform a study and ordered each party to pay the sum of $2,500.00 toward her retainer.   In connection therewith, the attorney for the minor children has moved for payment of her outstanding fees, as well as the balance of Dr. Bergen's retainer.   The court heard the matter of fees over the course of two days.

FINDINGS

The court having considered the testimony and evidence, including the financial affidavits of the parties, as well as the provisions of General Statutes § 46b-62 and § 46b-82, hereby finds as follows:

1. That Dr. Elizabeth Bergen was appointed by the court to perform a custody study;  that in connection therewith she has asked for a retainer in the amount of $15,000.00;  that under all the circumstances, said retainer is reasonable;  that per court order each of the parties has paid the sum of $2,500.00;  and that there is a balance due in the amount of $10,000.00.

2. That Elizabeth T. Sharpe, Esq., was appointed as the Attorney for the Minor Children (“AMC”);  that between May 19, 2008 and May 20, 2010, she has performed 92.6 hours of legal services at the rate of $350.00 per hour in connection with her duties, for a total of $32,060.00;  that neither party has made any payments toward said sum, which remains outstanding;  that said fees are fair and reasonable under all the circumstances.

3. That each party is gainfully employed and has the ability to contribute to the payment of the fees of both Dr. Bergen and Attorney Sharpe.

ORDER

IT IS HEREBY ORDERED THAT within thirty (30) days from the date of this order, unless within said time a satisfactory alternate payment arrangement is made with either or both Dr. Bergen and Attorney Sharpe, the following payments shall be made:

a. Dr. Bergen:  $500.00 by the plaintiff and $9,500.00 by the defendant;  and

b. Attorney Sharpe:  $6,412.00 by the plaintiff and $25,648.00 by the defendant.

The Court

Shay, J.

Shay, Michael E., J.