Lisa Leavy v. Russell Goldstein (2010)

MEMORANDUM OF DECISION de PLAINTIFF'S POST-JUDGMENT MOTION FOR CONTEMPT (103) AND DEFENDANT'S POST-JUDGMENT FOR MODIFICATION OF CHILD SUPPORT (104) AND FOR MODIFICATION OF CUSTODY AND VISITATION (105)

The parties' judgment of divorce was rendered in New York on June 5, 2001.   It incorporated their written agreement settling all related matters arising out of their marriage.   Pursuant to the agreement the judgment assigned legal custody and primary residence of both children to the plaintiff.   The defendant was ordered to pay monthly child support of $648.

On March 5, 2010 the defendant domesticated the judgment in this state.   On June 28, 2010 a hearing on the motions was held.

Plaintiff's motion.

The motion alleges that the defendant has not paid any child support for their two minor children since “9/09” and that he received an annuity check for $17,000 from which he paid no child support arrears to the plaintiff.   The New York Division of Child Support Enforcement issued a statement listing payments made to the plaintiff's account from 9/04/2009 to 6/14/2010 totaling $2,186.82 and stating total arrears owed by the defendant as $7,321.16.

This court cannot exercise jurisdiction over the child support collection while New York has an active file for the same purpose, as provided in Conn. Gen.Stat. Sec. 46b-212 et seq., called the Uniform Interstate Family Support Act and the plaintiff's motion is denied.

Defendant's motions.

The judgment filed is incomplete without having the written agreement attached.   Since the New York file is open this court cannot simply displace the other state and this court will not assume jurisdiction as discussed above.   The defendant's motions are denied.

HARRIGAN, J.T.R.

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