Alan Hengstler v. Terri Hengstler (2010)

MEMORANDUM OF DECISION REGARDING MOTION FOR MODIFICATION OF CHILD SUPPORT

A review of the record reveals the parties were divorced on February 20, 1997 and the plaintiff father was ordered to pay child support by way of a Naval allotment in the amount of $670 per month.   Thereafter, that sum was modified to $718 per month.

Now comes the plaintiff who moves that the child support order be terminated as the child has obtained the age of 18 and has withdrawn from high school.

A hearing was held before the undersigned on July 7, 2010 whereby the defendant mother appeared and the plaintiff father testified via telephone absent objection.

The following facts were proven and were uncontroverted:

1. The child, Nelson Hengstler, turned 18 on January 30, 2010.

2. The child withdrew from high school on or about April or May 2010 without graduating.

3. The child has since undertaken adult education classes in preparation of his GED exam scheduled for July 12, 2010.

4. The child intends to continue with classes through the fall of 2010 with a view toward entering college at some point.

5. The child is able to work and is seeking work but perhaps not as enthusiastically as is possible.

6. The father is voluntarily willing to continue paying $718 per month in child support for July, August and September 2010.

7. There was no evidence that the child is unable to work but rather, that he has not been looking aggressively and/or the economy is poor.

8. Both parents love their son.   The father offered to allow his son to live with him and seek work in his home state if he so desired.

Connecticut General Statutes § 46b-84 calls for parents to continue to provide financial support for an unmarried child of the marriage who has attained the age of 18 and is a full-time high school student.   Since this child is not a full-time high school student but rather, is able to seek gainful employment, the law does not compel the parents to financially support him.

Therefore, the court orders that the child support will terminate following the payment of the September 2010 child support payment.

Shluger, J.

Shluger, Kenneth L., J.