Jamahl R. Jackson v. Kisha R. Snell (2010)

MEMORANDUM OF DECISION

This matter has been companionized with a Magistrate Court file, docket number 09-4041696 concerning the above-captioned parties.   In the Magistrate file, the plaintiff had filed a Motion for Contempt (# 106) and in the Superior Court file, the plaintiff has filed a Motion to Modify Child Support filed with the clerk's office on October 9, 2009.   Both motions were assigned for a hearing before this court on November 9, 2009.   Following the hearing counsel were requested to submit a memorandum with respect to the pending motions.

The following relevant information is in the file.   The parties were never married.   On May 16, 2008, a child was born as a result of the parties' relationship, to wit, David Snell, born May 16, 2008.   The mother filed a support petition in Magistrate Court and on February 9, 2009, that court ordered the father to pay the mother $169 in child support and an additional $31 to be applied against an arrearage.

On August 26, 2009, the court (Epstein, J.) approved and entered as orders of the court the provisions of the parties' agreement (# 109.10) concerning custody and visitation with respect to the minor child.   The court further assigned a review date of December 16, 2009, with respect to the visitation schedule.   The parties agreed to joint legal custody with a shared parenting schedule with a four-week rotation.

In his motion, the plaintiff claims a substantial change in circumstances since the child order which was entered on February 9, 2009.   Following the instant hearing, the parties filed with the court on December 21, 2009, a comprehensive parenting plan which was approved by the court and so ordered.   There is still open with this court the amount of child care and the allocation of child care contributions and unreimbursed medical expenses.

The court has reviewed the testimony, the financial affidavits and exhibits, agreements of the parties, proposed orders and memorandum filed by counsel for the parties and makes the following findings.

1. The parties have a shared parenting arrangement with somewhat more parenting time with mother.

2. There has been a substantial increase in the amount of the father's parenting time since the current child support order was issued but there has not been a substantial increase in his expenses nor a substantial decrease in the mother's expenses.

3. The day care costs incurred by the mother to attend school do not qualify as reasonable and necessary costs for her to obtain or maintain employment.

4. The court makes no finding of contempt by the father.

The court enters the following orders:

1.  Weekly child support is reduced to $145 per week effective as of the date of the hearing.   Any continuing arrearage shall be paid at the rate of $29 per week.

2. The father shall be responsible for his share of child care expenses incurred by the mother, but only those directly relating to obtaining or maintaining employment.

SO ORDERED.

BY THE COURT

CARUSO, J.T.R.

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