Mary Rizza v. Angelo Rizza (2010)

MEMORANDUM OF DECISION

On December 22, 2009, the plaintiff, who is self-represented, filed a motion for modification of the existing child support and alimony orders.

The record reveals that at the time of the dissolution the defendant had a gross income of $2,000 a week and the plaintiff had a gross income of $314 a week.   The judgment called for the defendant to pay the plaintiff $264 in child support, which was a deviation from the support guidelines, and $250 per week in alimony.   Subsequently there were several modifications downward due to the defendant's unemployment.

A hearing was held on July 16, 2010 at which time the defendant was under orders to pay the plaintiff $75 a week in child support and $100 a week in alimony.   The defendant has been paying an extra $65 a week in child support since January 20, 2010.

A hearing was held on the motion on July 16, 2010 at which the defendant was represented by counsel and both parties testified.   The court finds that defendant, who is now employed, earns $1,200 a week, which is approximately 60% of what he earned at the time of the original judgment.   The plaintiff earns $475 a week at her job, an increase of about 50% of what she earned at the time of the judgment.

The court finds there has been a substantial change in circumstances and the motion for modification is granted.   Under the child support guidelines the defendant would be obligated to pay the plaintiff $246 a week.   The court finds that a deviation should continue to be applied.   The court orders the defendant to pay the plaintiff $135 a week in child support and $130 a week in alimony.

SO ORDERED.

BY THE COURT,

Fischer, J.

Fischer, Brian T., J.