Mary Lombardo v. Robert Lombardo (2010)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION TO MODIFY SUPPORT AND ALIMONY POST-JUDGMENT, DATED APRIL 13, 2010, CODED 156.05;  AND DEFENDANT'S MOTION FOR ORDER RE COUNSEL FEES, POST-JUDGMENT, DATED MAY 17, 2010, CODED 158

I RE PLAINTIFF'S MOTION FOR MODIFICATION OF SUPPORT AND ALIMONY

Many of the facts that give rise to this motion are not in dispute.   The marriage between the parties was dissolved on August 25, 2006.   The judgment incorporated the parties' separation agreement, dated August 25, 2006, that called for support in the amount of $255 per week and alimony in the amount of $125 per week.   The threshold issue is whether there has been a substantial change of circumstances between that date and the current date.   The primary dispute between the parties has to do with the defendant's gross weekly income less deductions.   He is employed as a police officer and has a number of forms of different employment and works greatly in excess of forty-five hours per week.   His base weekly income for the regular hourly shift is $1,545.   The child support guidelines limits overtime to a total of forty-five hours.   In addition, he has a number of forms of other pay besides the pay that he gets for working various forms of overtime.   The defendant's year-to-date gross income for the period of January 1, 2010 to October 8, 2010 amounts to $88,053.41.   His gross weekly income less deductions on a year-to-date basis amounts to $2,201.34.   His gross weekly income less deductions at the time of divorce was $1,645.   From all the evidence presented, the court finds that his current gross weekly income for child support purposes is $2,477 less deductions.   The court finds that there has been a substantial change of circumstances between August 25, 2006 and the present time.   In determining the motion for modification the court considers all of the same factors that would be considered in entering the initial order.

The court enters the following orders:

1. Support is increased to $326 per week.

2. Unreimbursed medical and qualifying daycare costs are modified with the plaintiff paying 53 percent and.the defendant paying 47 percent.

3. Alimony is increased to $250 per week.

4. Both the alimony order and the support order are retroactive to May 3, 2010.   The support arrearage is to be paid at the rate of $65 per week.   The alimony arrearage is to be paid in full within thirty (30) days from today's date.

II THE DEFENDANT'S MOTION FOR ORDER

The defendant's motion for order is based on the claim that there was no basis for modification and therefore seeks attorneys fees.

That motion is factually and legally inaccurate and is denied.

Sidney Axelrod, J.T.R.

Axelrod, Sidney, J.T.R.