Tristano Korlou v. Bridge Yaxley-Korlou (2010)

MEMORANDUM OF DECISION

All counsel and their parties appeared on August 4, 2010, for a hearing to address custody, visitation and other issues related to the minor child, Gloria, as well as child support and other financial matters.   Prior to commencing the hearing, the parties reviewed and had essentially reached an agreement on custody and visitation based upon the recommendations of the Guardian ad Litem.

Following argument by counsel, the proposed orders of the Guardian ad Litem were corrected and modified as follows:

1. Gloria's date of birth was corrected to August 5, 2010.

2. The visitation by mother (defendant) in Rochester was modified to the extent that visitation would only take place at the maternal grandfather's residence with a third party present.

With the above correction and modification, the proposed orders were approved and made orders of the court.

With the exception of one comment made by the plaintiff and time constraints, all financial issues were addressed by counsel by way of oral argument.   The court was supplied with current financial affidavits of the parties and a child support guideline worksheet prepared by plaintiff's counsel utilizing the gross income of the parties from their financial affidavits.   Without any deviation adjustment, the amount of child support was $94 (referenced as $91 on the record) per week to be paid by the defendant to the plaintiff.   The defendant would also be responsible for 26% of unreimbursed medical expenses.

On March 15, 2010, the agreement of the parties which encompassed custody, primary residence and visitation and financial issues was approved and made orders of the court.   The parties agreed to continue joint legal custody, but Gloria's primary residence was to be with the father.   From August 2009 to March 15, 2010, the GAL's fees were to be paid 67% by the plaintiff and 33% by the defendant.   Thereafter, the defendant's share was decreased to 10%.   Based upon the total coordination of family support, the defendant's child support was suspended.   Prior to March 15, 2010, the defendant was obligated to pay Dr. Eiswirth 10% and 20% thereafter.

On June 2, 2010, the plaintiff filed a motion to reopen seeking the payment of child support by the defendant and to contribute to the fees for Gloria's therapist.   The plaintiff claims that the defendant's income has increased substantially from the March 15, 2010 orders, and the plaintiff has paid almost 100% of the expenses relating to the child.   He seeks an order of $91 per week in child support retroactive to the filing of the motion (June 2, 2010);  that the defendant pay one-half of the co-pays for Doctor Eiswirth going forward, and one-half of the guardian-ad litem's fees going forward.   The court finds that there has been a substantial change in the defendant's income since March 15, 2010.

The court enters the following orders:

Retroactive to June 2, 2010, the defendant shall pay to the plaintiff weekly child support in the amount of $70.   This is a deviation from the presumptive child support due to the traveling costs incurred by the defendant in exercising her visitation with Gloria.   Any arrearage as a result of this order shall be paid at the rate of $14 per week.   Any unreimbursed medical expenses incurred on behalf of Gloria since June 2, 2010 shall be paid 26% by the defendant and 74% by the plaintiff.

2. Retroactive to June 2, 2010, the defendant shall pay 26% of Doctor Eisworth's co-pays and 26% of the Guardian-ad-Litem's fees.   The plaintiff shall pay the remainder.

SO ORDERED.

BY THE COURT,

CARUSO, JTR

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