Deborah Eddy v. Michael Eddy (2010)

MEMORANDUM OF DECISION

The parties appeared post-judgment to argue motions # 165, 185 and 187.   The hearing addressed these motions:  the defendant's motion to modify child support and the plaintiff's motions for contempt addressing outstanding post-medical bills and camp expenses for the children.

The parties were divorced on August 1, 2003.   The defendant/husband is 57 years of age and pays $750 a month child support ($250.00 for each child a month) for three children.   He was last paid as a screen writer in January 1999.   He has an undergraduate degree and has credits toward a master's degree.   The plaintiff wife is an attorney.   At the time of the dissolution of marriage neither party was employed and the family withdrew from the family's assets to meet expenses.   The plaintiff and the defendant both now have income, he from his pension plan and she from her law practice.   Thus, there has been a substantial change in circumstances to modify the financial obligations between the parties.   It should be noted that the defendant has limited the scope of his employment searches to book stores and movie theaters.   He spends portions of the day writing.

The defendant has three children to aid in supporting.   He has trapped himself into his prior career which is now nonproductive.   Ascribing the Connecticut minimum wage of $8.25 per hour for 35 hours a work week together with his pension results in an earned income of $42,430.   Thus, the child support guidelines would yield a child support in the amount of $164.00 per week.   Therefore, a child support order is entered for the defendant to pay $164.00 a week to the plaintiff.   This support order shall be paid commencing April 8, 2010.   The parties were to share equally in the children's summer camp expenses, pursuant to the judgment.   The defendant was not consulted regarding the children's enrollment in the choice of a camp.   It is inherent that the cost of the camps are to be reasonable based both on the children's needs and the parties ability to pay for such camps.   The defendant's contribution is hereby limited to $500 per child per a summer camp each year.   Thus, should all their children attend summer camp his payment is not to exceed $1,500.   He is to pay the plaintiff $3,750 for the 2009 summer camp costs.   The defendant is in violation of the judgment for failure to pay Dr. Gallo and his unpaid portion of medical/prescription bills.   The refusal to pay was wilful and he is to reimburse the plaintiff within 30 days of this decision the amount of $1,650.00

The defendant has incurred unreasonable legal expenses in his efforts to obtain requested disclosures and is to be reimbursed by the plaintiff in the amount of $1,200.00.

BY THE COURT

MALONE, J.

Malone, John P., J.T.R.