Mark Vaughan v. Mary Vaughan (2011)

MEMORANDUM OF DECISION

The parties appeared before the undersigned on August 1, 2011.   The plaintiff father had filed a motion for contempt alleging that the defendant mother had failed or neglected to pay the court-ordered child support of $203 per week since June 9, 2011.   The defendant mother had filed a motion for modification of child support dated June 13, 2011 alleging that she had lost all of her sources of income and was presently earning only $132 per week net as a retail clerk.   The defendant presented credible evidence that she had diligently been searching for work for the past two years when her job ended although she had received a continuation of salary through April 21, 2011.   The child support guidelines worksheets based on the income of both parties calls for a child support order from the mother of $14 per week.

ORDERS:

1. The defendant shall pay child support in the amount of $14 per week, retroactive to June 13, 2011.

2. The motion for contempt is denied as the defendant's failure to pay is not found to be willful but nonetheless, there is an arrearage of six weeks at the rate of $14 per week for $84.

3. The defendant shall pay child support of $14 per week plus two dollars per week on the arrearage.

4. The defendant shall conduct diligent work searches of no less than 10 searches per week.   She shall forward those work searches to the plaintiff on a weekly basis and inform him if she has any significant change in earnings.

5. The parties are ordered to return to court for a review on September 19, 2011 at 2 p.m.

Shluger, J.

Shluger, Kenneth L., J.