George Rozsa v. Ellen Rozsa (2010)

MEMORANDUM OF DECISION de PLAINTIFF'S AMENDED MOTION TO MODIFY CHILD SUPPORT AND ALIMONY (222)

Judgment of dissolution ordered the plaintiff to pay $384 weekly child support for the parties' three minor children then residing with the defendant.   On August 11, 2008 the court (Munro, J.) ordered the child support modified by agreement of the parties to $300 per week (187.10).   The order otherwise denied for the plaintiff's failed to prove a change in circumstances as to the children.   On that day each party filed a financial affidavit with the court.   The plaintiff's affidavit (185.10) lists gross weekly income from principal employment as $650 less taxes totaling $179.43 and net of $470.57.   For all other income he lists CPA practice $1,625 and rental income $359.58, total deductions of $529.51 and net $1,455.08.   Total net income weekly is $1,925.65.   The defendant was not employed at the time and listed alimony and child support as her income.   The affidavits filed by the parties at the time the current motion to modify was being heard did reveal a reduction in the plaintiff's net income of about $300.00 weekly.   The court finds a substantial change in the plaintiff's circumstances in that the judgment awarded the four rental properties to the defendant, the oldest child is now an adult.   The court credits the plaintiff's explanation of the loss of his mortgage generation business and a reduction in his CPA practice base of active clients.   The court orders child support of $198 weekly and periodic alimony of $300 weekly.   The parties have an agreement regarding retroactivity limiting the plaintiff's request to December 7, 2009 as the effective date of any modification.   The court finds it equitable to order the modified orders effective as of December 7, 2009.

So ordered.

THE COURT

HARRIGAN, J.T.R.

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