Sarah Lusa v. Robert J. Grundberg (2010)

MEMORANDUM OF DECISION

The parties, who were not married to each other, have two minor children, Macin Grunberg (DOB September 10, 2002) and Raven Grunberg (DOB July 1, 2004).

This case was commenced by Sarah Lusa as a custody matter.   On April 6, 2006, in this Court (Swords, J.) inter alia, entered orders of joint custody, with child support to the plaintiff of $600 weekly plus $2,500 in attorneys fees.

The defendant appealed to the Appellate Court, which affirmed the decision of the trial court.  Lusa v. Grunberg, 101 Conn.App. 739 (2007).   In an articulation Judge Swords found that both the defendant and his father, David Grunberg, were not credible witnesses in their testimony, specifically as it related to the defendant's income.   The Court found the defendant understated his income by not reporting receiving gifts from his father, his ownership interest in three adult book stores, in kind contributions for auto expenses and the like.   The articulation sets forth, in greater detail, that Court's findings as to the inaccuracies in the defendant's reported assets and income.   Judge Swords ordered child support of $600 per week, which was an upward deviation from the child support guidelines which was based on the defendant's financial affidavit.

The defendant thereafter continued to make child support payments of $600 weekly until the end of July 2010 when he unilaterally determined that he would pay only $300 weekly.   On September 20, 2010, the plaintiff filed a Motion for Contempt Post-Judgment.   The parties stipulated the support arrearage is $5,700 as of November 25, 2010.   On September 28, 2010, the defendant filed a Motion to Modify Child Support and also to Modify the Parenting plan.

Unlike the original hearing, the defendant's father did not testify at this hearing.   The only witnesses were the parties themselves.

The defendant testified that his father had been making the child support payments, but that he stopped doing so in July. There was no explanation as to why, or verification from the father.

The defendant testified that he has given up his ownership interest in the adult book stores and is now an employee who manages the Enfield Store, for which he is paid $1,360 gross, $963 net weekly.   His father, according to him, now owns the stores.

At the original trial the fact that the defendant had ownership interests was a large factor in establishing the veracity of his financial testimony.   This Court does not believe him to be credible either.   It appears likely that, given the past history, this scheme of divesting ownership together with reporting a much more modest income, is not an arm's length sale, but a plan to reduce support payments by transferring ownership to the father.

The Motion to Modify Child Support is therefore denied.

The defendant's request to modify parenting access is also denied.   The plaintiff's move to Stafford from Somers is about five miles farther each way.   It is a minimal increase in mileage and not burdensome to the point relief is warranted.

The plaintiff's Motion for Contempt is granted.   The plaintiff simply decided he would no longer pay the ordered child support.   He is ordered to pay the full arrearage within forty-five days plus $500 in counsel fees and $38.50 for marshal's services.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.