Talayah S. Dinuzzo v. Marc R. Dinuzzo (2011)

MEMORANDUM OF DECISION

The parties were divorced in July 2007, and have one child in common.   The child is now seven years old and resides with the plaintiff.   The parties filed a number of motions for contempt and modification of the existing child custody orders, which date back to 2009.   On April 19, 2011, a hearing was held at which the plaintiff represented herself and the defendant was represented by counsel.   This court has considered all of the relevant caselaw and statutory criteria, including the best interests of the child, and enters the following findings and orders:

1. With regard to the plaintiff's motion for contempt alleging wilful nonpayment of child support, this court finds that the defendant's failure to make full child support payments was not wilful, in that he made partial payments during that time and also made efforts to earn more income.   Therefore, this motion for contempt is denied.

2. With regard to the defendant's motion for contempt, this court has not been persuaded that a contempt has occurred.   Therefore, this motion for contempt is denied.

3. With regard to the defendant's motion for modification, the court finds that the plaintiff currently has a gross income of $667.20 per week and the defendant has a gross income of $500.00 per week.   In conformance with the Child Support Guidelines, the defendant shall pay $95.00 per week in child support and 30 percent of any unreimbursed medical expenses.   This order is retroactive to December 18, 2009.   The court finds that, at that time, the defendant had an arrearage of $609.00, that has grown an additional $1,637.00, for a total arrearage of $2,246.00.   This arrearage shall be paid off at a rate of $11.00 per week.

4. With regard to child custody, all prior agreements and orders shall be amended as follows:

a.  Legal Custody.   The parties shall have joint legal custody of the minor child, but primary residence shall be with the plaintiff.   The parties shall make concerted and reasonable attempts to resolve any legal custody issue, but if they come to an impasse, the plaintiff shall have final decision-making authority.

b. Defendant's Parenting Access.   The defendant shall have parenting access with the minor child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and every Tuesday from 5:30 p.m. until 7:30 p.m.

c. Virtual Communication.   The parties shall at his or her own cost, both register with the website, www.ourfamilywizard.com. The plaintiff shall update the minor child's information, including school and activities, once per week.   The defendant shall promptly notify the plaintiff, via the website, of any questions or concerns.

d. Children's Therapy.   The child shall attend individual therapy sessions with a provider to be determined by the guardian ad litem.   Neither party shall be present in any therapy session.

e. Co–Parent Counseling.   The parties shall engage the services of a co-parent counselor to be determined by the guardian ad litem.   The parties shall jointly attend five (5) sessions with said counselor within three (3) months of this order.   The cost of said sessions shall be equally divided between the parties.

f. Other. Neither party shall make any derogatory comments to the child about the other party or any other family members nor injure the opinion of the child as to the parents.   Furthermore, neither party shall make any derogatory comments to the minor child, which would impair the natural development of the minor child's love and respect for each of the parents, the extended family, spouse or significant other.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.