Kip Krichko v. Leslie Krichko (2010)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION TO REARGUE AND PLAINTIFF'S MOTION FOR ARTICULATION

A. Motion to Reargue is denied.

B. The court articulates the memorandum of decision as follows:

1. The plaintiff is to pay to the defendant $100 per week.

2. The order of payments is retroactive to August 30, 2010.

3. The plaintiff is to pay seventy percent of unreimbursed medical and a qualified childcare.   The court did not deviate from the guidelines as the $100 per week order is substantially in accordance with the guidelines.   The issue of arrearage or overpayment is not merged into the court order.   In the event there is an arrearage or overpayment and the parties cannot agree as to the amount, then a request to determine the amount must be filed by November 29, 2010 or else it is waived.   If the parties can agree as to the amount of arrearage or overpayment, then the arrearage and/or overpayment is to be refunded at the rate of $20 per week.   The court did not intend to modify the existing court order regarding shared physical custody.   The court did not deviate from the presumptive support amount resulting from shared physical custody as deviation is not warranted.

Sidney Axelrod,J.T.R.

Axelrod, Sidney, J.T.R.