Robin Tesei v. Stephen Tesei (2010)

ORDERS

The court has fully heard the parties on several motions.

Motion # 124:  Amended Motion for Contempt (12-10-09).

The defendant is in arrearage for child support in the amount of $3,875.00.   His failure to pay is wilful and he is found in contempt.   He shall pay the current order of $400.00 per week.   He shall pay the $3875.00 arrearage in 45 days from the date of these orders.

He is also found in contempt for failure to pay $12,026.63 in uninsured medical expenses.   His claim that the plaintiff told him not to pay them is without permit as is his defense of laches.   He shall pay the sum of $500.00 per month until the entire sum is paid in full.   First payment-August 1, 2010.

The motion for modification dated 12-5-09 (# 122) is denied.

The motion modification of custody dated 4/27/10 is denied, without prejudice.

While the defendant seeks a reduction in the child support order of $400.00 per week and while said sum is well above the child support guidelines the high medical costs for the children as well as the warranted private school placement justify the upward deviation and departure.

Pursuant to the affidavit of Joyce A. Riccio dated July 26, 2010, the court finds the fees are reasonable but also considers the defendant's financial situation.   The court orders $4,500 in attorney fees in addition to filing fees and marshal fees or a total of $4833.50.   Said sum shall be paid in full within 45 days of these orders.

An execution on defendant's wages shall issue forthwith and defendant shall pay any order until the execution is effectuated.

OWENS,J.T.R.

Owens, Howard T., J.T.R.