Ellen Knowlton v. Daniel Knowlton (2010)

MEMORANDUM OF DECISION

This matter came before the court for a hearing on November 12, 2008, in connection with the plaintiff's Motion for Modification of Child Support Post-Judgment filed October 16, 2008 (# 130).   Both parties appeared with counsel.   Immediately following the hearing the court entered certain orders pertaining to the parties' minor child (# 134.10) and took the papers on the issue of child support.

In her motion the plaintiff alleges that since the order of the court on December 5, 2007 (date of last modification) there has been a substantial change in circumstances in that the defendant has obtained new employment resulting in a substantial increase in pay and/or decrease in his cost of living.   As a result she seeks an increase in child support.

On December 5, 2007, the court (Epstein J.) entered an order reducing the defendant's child support to $305 per week for two minor children effective the week of December 10, 2007, based upon the parties' agreement.   The amount was $25 per week above the presumptive child support as reported on the guidelines worksheet submitted to the court at the time of the hearing.   The total basic child support was computed at $451 per week (for two children) with the plaintiff earning $1,154 (assuming $60,000 per year) and the defendant earning $1,949 per week.   The plaintiff's financial affidavit filed in connection with the hearing on December 5, 2007, reported her weekly gross income as $66.42 per week together with dividend and interest income of $31.61 for a total of $98.03 per week.   The defendant's financial affidavit reported weekly gross income of $1,757.00 and trustee fees of $192.00 per week for a weekly total of $1,949.00.   The plaintiff's income was clearly based on an earning capacity.

At the November 12, 2008 hearing the parties submitted financial affidavits.   The plaintiff reported weekly gross income of $288.46.   The defendant reported weekly gross income of $2,752, together with trustee fees of $192 for a total of $2,944.   The child support guideline worksheet submitted to the court at the time of the hearing reports the plaintiff's gross income of $769 per week (inclusive of $481 of weekly (average) gifts from her father) and that of the defendant as $3,096 per week.   Neither amount agrees with the parties' financial affidavits.   Notwithstanding the disparity, the defendant's share of the basic child support was computed at $498 per week (for two children) with his share of unreimbursed medical expenses as 71%.

The defendant argues for a deviation based upon his travel expenses from Saudi Arabia and monies paid for the benefit of the defendant and the parties' three children from a substantial trust which the defendant controls.   Having heard the evidence the court finds that a deviation should not be granted in this matter.

The court orders the defendant to pay the plaintiff the sum of $498 per week effective October 16, 2008, the date of the filing of the motion.   In addition, the defendant shall pay 71% of unreimbursed medical expenses incurred for the benefit of the children.   Section 46b-84(b) applies to further modifications.

SO ORDERED.

BY THE COURT

CARUSO, JTR

Caruso, John R., J.T.R.