Nicole I. Givens v. John A. Givens (2010)

MEMORANDUM OF DECISION

This matter came before the court on May 12, 2010 for a hearing in connection with the plaintiff's postjudgment Motion for Contempt filed with the court on March 1, 2010 (# 131 and # 131.01) and the defendant's postjudgment Motion for Contempt filed with the court on March 24, 2010 (# 132 and 132.01).   The plaintiff appeared with counsel and the defendant was self-represented.   Both parties testified and at the conclusion of the hearing the court entered a visitation order for the defendant, referred the matter to Family Relations for screening and ordered the plaintiff's counsel to file a brief within three weeks supporting his argument that a party must contribute to child care expenses associated with another party's second job.

The following information contained in the file is relevant to the court's ruling on the pending motions.   The parties were married on June 24, 2000 at Manchester, Connecticut.   One child was born to the plaintiff, issue of the marriage, to wit Ian Alvin Givens, born November 19, 2003.   The marriage was dissolved by this court on December 19, 2006, and the parties' Separation Agreement (“Agreement”) dated December 17, 2006, was incorporated into the judgment, the terms of which became orders of the court.

The Agreement contained provisions concerning a number of matters, but the following are the ones relevant to the pending motions before the court.

1. In paragraph 6 the parties agreed to share joint legal custody of their son with the plaintiff having primary residence and the defendant having reasonable rights of visitation.

2. In paragraph 7 the defendant agreed to pay weekly child support in the amount of $116 in accordance with the Connecticut Child Support Guidelines.

3. In paragraph 8 the parties agreed that the plaintiff would maintain medical insurance for the benefit of Ian and the parties would equally divide any uninsured or unreimbursed medical expenses.   They also agreed to equally divide day care and similar expenses as well as primary school tuition for two years until Ian turned 5 years old.

4. In paragraph 14 the parties represented that all of their personal property had been divided to their mutual satisfaction except for certain items not relevant to the pending motions.

As of the date of her motion, the plaintiff alleged that the defendant had failed to pay his share of daycare since October 2007, and as of 02/10/10 owed $24,400.   The defendant also failed to pay his share of Ian's primary school tuition in the amount of $7,500.   He further still owed the plaintiff $1,134 for her share of the proceeds from the refinance of the marital residence and took coins belonging to the plaintiff having an estimated worth of $3,000.

The court has reviewed the financial affidavits of the parties filed with the court at the date of dissolution.   The plaintiff was employed full-time as a physician for Conncare, Inc. earning a gross weekly income of $2,500.   The defendant was a self-employed plumber earning a gross weekly income of $1,346.15.   A child support guideline worksheet prepared by plaintiff's counsel utilized these amounts in arriving at the $116 child support amount specified in paragraph 7 of the Agreement.   The computed share for unreimbursed medical expenses amounted to 73% for plaintiff and 27% for defendant although the parties agreed in paragraph 8 of the Agreement to divide them equally.   The worksheet was silent as to the allocation of child care expenses although in paragraph 7 of the Agreement they agreed to divide them equally.   The court notes that the coins referred to in the plaintiff's motion do not appear on either parties' affidavit.

On June 1, 2010, plaintiff's counsel filed with the court a memorandum dated May 28, 2010, concerning the plaintiff's motion.   The memorandum covered the issue of day care concerning a second job and updated information and argument concerning the plaintiff's other claims.   The court has reviewed the memorandum and the testimony of the parties and makes the following findings.   Neither party filed a current child support guideline worksheet nor has either party sought a modification of child support and related matters.

The plaintiff's financial affidavit submitted at the hearing report that she is now working for Mass Mutual as a physician earning a weekly gross income of $2,692 (an increase since the dissolution of $192 per week together with (emphasis added) a weekly gross income of $1,462 from her second job as a physician at UCONN.   At the time of the dissolution the plaintiff was working one job.   The court further finds that the plaintiff should not be entitled to reimbursement of daycare required for her to maintain her second job.   As previously indicated the court finds that the cost of summer camp for the minor child would qualify as child care only insofar it is required for her to maintain her primary job.   Any other expenses such as school lunches should be considered as an element of child support.   The parties are ordered to recompute the defendant's child care obligation.   The court reserves jurisdiction.

The court further finds the defendant has failed to pay his 50% of the costs for Ian's primary school tuition and owes the plaintiff the sum of $4,347.50.   Further, the defendant admitted he took two “piggy banks” belonging to the plaintiff and owes her the sum of $1,350.   In addition, the defendant owes the plaintiff $1,275 representing the balance due her from the refinance by the defendant of the former marital residence.

The amounts due the plaintiff as set forth above shall be paid to her within 30 days of this decision.   The defendant is in contempt of the court's orders and his contempt is willful.   The defendant shall pay the plaintiff counsel fees in the amount of $1,500 within 30 days of this decision.

SO ORDERED.

BY THE COURT

CARUSO, J.T.R.

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