Susan Stroffolino v. Jeffrey Stroffolino (2010)

MEMORANDUM OF DECISION de DEFENDANT'S MOTION FOR MODIFICATION POST-JUDGMENT (110) and PLAINTIFF'S MOTION FOR CONTEMPT POST-JUDGMENT (112)

The current order of $920 per month periodic alimony was entered on May 3, 2004.   The defendant paid in full through December 2008.

The defendant operates his own business as More Than Music providing parties, weddings, and gatherings of similar sort with independent contractors who entertain utilizing musical skills, dj recordings, and similar theatrical skills.   He currently lists average gross weekly as $650 and $487 net after mandatory deductions.   During the last 12 months he has lost several repeat customers including holiday parties.   He also had a radio show that was ended several months ago.   The court is satisfied that he has sustained a substantial change in his financial circumstances great enough to prevent him from continuing to pay the court order.   He did continue to pay $200 monthly.   The undisputed shortfall totaled $8,940 for 2009 and $4,520 through June 2010 (Pl.Ex. # 1.)

The plaintiff has been employed by the Norwalk Public Schools since before the current order was issued to the present as an educational assistant for ten months each year.   During the summer she obtained other work.

The defendant is not required to sell assets in order to meet an alimony order, Schorsch v. Schorsch, 53 Conn.App. 521.   An inability to meet a court order due to economic conditions beyond his control is not found to be wilful failure to obey the alimony order.

The defendant's motion for modification was served on the plaintiff on April 5, 2009 pursuant to order for hearing and summons for the hearing initially scheduled for April 27, 2009.   He thereby saved his right to request a retroactive order Shedrick v. Shedrick, 32 Conn.App. 147.

The court finds the evidence warrants a reduction in the periodic alimony to $300 monthly.   The court finds it equitable that the new order be effective as of March 1, 2009.   For ten months of 2009 (3/1-12/1) the defendant was obligated to pay $300 monthly for six months of 2010 (1/1-6/1) he was obligated to pay $300 monthly, a total of $4,800.   He paid $2,100 in 2009 of which $1,840 satisfied January and February of 2009 with $260 applied to March.   The unpaid balance is $2,740.   For 2010 he owes $1,800 less the $1,000 he has paid this year.   The arrears is found to be $3,540.

The defendant's motion is granted with the alimony order reduced to $300 monthly effective March 1, 2009.   The arrears shall be reduced by $100 paid each month commencing on August 1, 2010.

The plaintiff's motion for contempt is denied.

HARRIGAN, J.T.R.

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