Robert Spitz v. Jenny C. Canick (2010)

MEMORANDUM OF DECISION

This action comes before the court on the Plaintiff's Motion for Order Determining an Educational Support Order for the sole child of the marriage, Lily Spitz, born January 5, 1993.   Both parties appeared before the court and agreed that:  the divorce decree had reserved jurisdiction to enter such an order, the order was appropriate and necessary for their daughter's education, and they wished the court to enter such an order.   The parties simply could not agree on what percentage of the obligation each should bear given their very different sources and kinds of income.

The court received financial statements from each side and also sworn testimony from each party as to the particulars of their income, expenses and circumstances.   There was little actual dispute by the parties as to the factual elements.   The parties also agreed and requested that each side would have the opportunity to have the respective percentages redetermined by the court annually.

Accordingly, the court having considered all relevant circumstances including those set out in Conn. Gen.Stat. Section 46b-56c(c) orders and decrees as follows:  (1) both parents shall participate and agree upon which institution of higher education the child shall attend, and the court may resolve any failure to agree in this regard;  (2) the child must meet the qualifications and requirements set forth in section 46b-56c(e);  (3) the support obligation shall include all those items and expenses, and be subject to the limitation on amount set out in section 46b-56(f) and each payment must be made directly to the school of at least three days prior to the deadline set by such institution;  and (5) the Plaintiff, Robert Spitz, shall pay sixty (60%) percent of such amounts and the Defendant, Jenny Canick, shall pay forty (40%) percent of such amounts.

It is further ordered that the percentages set forth above may be modified prospectively upon the motion of either party to modify this order filed not later than June 1 before the start of any academic year.

Done this 3rd day of September 2010.

BY THE COURT

WENZEL, J.

Wenzel, William, J.