Patricia Rubin v. Lawrence Rubin (2010)

MEMORANDUM OF DECISION

This matter came before the court for a hearing on February 24, 2010, when both parties appeared as self-represented individuals in connection with a number of post-judgment motions.

The first motion was filed on October 22, 2009 (# 172), in which the defendant seeks a modification of child support and visitation as more fully set forth in the motion.   The second motion was filed on November 4, 2009 (# 173), in which the plaintiff seeks to hold the defendant in contempt for his failure to provide her complete, signed copies of his federal income tax returns.   The third motion was filed on November 24, 2009 (175.00 & 175.01), in which the plaintiff seeks to hold the defendant in contempt.   This motion elaborates the reasoning of the plaintiff set forth in # 173.   The fourth motion was filed on December 30, 2009 (# 180), in which the plaintiff seeks to hold the defendant in contempt for his failure to provide health insurance for the children.   The fifth motion was filed on January 25, 2010 (# 181), in which the defendant seeks an order to compel the plaintiff to produce documents.

Both parties testified and the court ordered and received a transcript of the hearing.   The parties first wanted to enter upon the record a copy of an Issue Focused Evaluation regarding parenting access prepared by Family Relations Counselor Jaime Denenberg, MS dated February 24, 2010.   The parties were in agreement with the recommendations contained in the report and they were entered upon the record as being approved and ordered.

The following information is contained in the file.   The parties were married on October 13, 1985, in Springfield, Massachusetts.   There are two children, issue of the marriage, to wit:  Cara Elizabeth Rubin, born March 24, 1990 and Samantha Rose Rubin, born March 17, 1995.   The marriage of the parties was dissolved by this court on August 28, 2001.   The parties' Separation Agreement (hereinafter “agreement”) of even date was incorporated by reference into the judgment, the terms of which were made specific orders of the court.   The parties were to have joint legal custody with a shared parenting plan.   Child support was agreed upon at $250 per week and is within the child support guidelines.   It was based upon the defendant's presumed income of $85,000 and the plaintiff's of $30,000.   The child support guideline worksheet submitted at the time reported the plaintiff's gross weekly income as $565 and the defendant's as $1,635.   On March 24, 2008, Cara attained the age of 18 and had graduated high school.

The parties, in addition to their oral testimony concerning the motions, took a suggestion by the court to submit additional financial information for the court to review in arriving at decisions concerning the pending motions.

The court has reviewed the transcript and the financial information submitted by the parties and makes the following findings and enters the following orders.   Since the calendar year 2006, the defendant has filed a joint income tax return with his new wife.   He filed a Schedule C reporting gross income of $31,231 and a net of $3,330.   In 2007, his gross income was $129,000, with a net of $50,622.   In 2008, his gross income was $27,665 with a net of -$27.   For the following years the plaintiff reported her gross wages for 2006 as $42,165;  2007 as $46,254;  and 2008 as $46,051.

The defendant also submitted an itemized list of expenditures he made for the children in 2009 totaling $16,708.16, broken down into the following categories:  $882 activities;  $6,162 child support;  $649.71 clothing;  $760 daycare;  expenses $7,549.75;  organizations $490 and medical of $214.70.   Both parties submitted information concerning health insurance for the children.   Additional information submitted had to do with parenting issues which the court did not review since the parties had reached an agreement.   It should be noted that the expenditures listed for the children were for children not of the marriage between the plaintiff and defendant.

Based on the financial affidavits filed at the time of the hearing, and information contained in the file, the court had the Family Relations Department compute the current child support.   The defendant is ordered to pay child support for Samantha in the amount of $128 per week and 39% of unreimbursed medical expenses.   The order of the court is retroactive to the date of the filing of the motion, October 22, 2009.   Further, any child support for Cara should terminate as of that date.   The court further orders the defendant to include Samantha on his wife's health insurance if there is no additional cost since he presently has family coverage available to him.

The court further denies all of the pending motions except those that pertain to the current orders.   All other orders of the court shall remain in full force and effect.

SO ORDERED.

BY THE COURT

CARUSO, J.T.R.

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