Ivette Morales v. Alexander Kimball (2011)

MEMORANDUM OF DECISION REGARDING MOTION FOR CLARIFICATION

The parties appeared before this court on June 27, 2011 wherein they entered into a stipulation regarding the parenting plan and various financial obligations but were unable to agree as to an appropriate child support order.   The court made certain findings of fact and then found the presumptive child support based on the child support guidelines to be $142 per week from the father to the mother.   The court then deviated downward to $105 per week.

Now comes the defendant father seeking a clarification.   Specifically, he takes issue with the court's finding of fact that at the time of judgment, the father was earning $442 per week and now earns $880 per week.   The father correctly asserts that on September 2, 2008, the date of judgment, he was earning $880 per week, the same figure as he presently earns.   By way of clarification, the court makes the following findings of fact:

1. In February 2008 the father was earning $442 per week and the mother was earning $772 per week gross income.   The parties agreed to a shared access plan wherein the child would spend three nights per week with the father and no child support would be paid.

2. At the time of judgment, September 2, 2008, the father was earning $880 per week and the mother was earning $772 per week, gross income.   They had a shared parenting arrangement wherein the child slept at the father's house three nights per week and they agreed on a child support figure of $40 per week, a deviation from the presumptive child support figure.

3. When the parties appeared before the court on June 27, 2011, the father was earning $880 per week and the mother was earning $693 per week gross income.   The parties agreed to a parenting plan wherein the child would spend two overnights per week with the father and other times as mutually agreeable between the parties.   The presumptive child support, based on those incomes, is $142 per week.

4. The court finds that the new parenting plan sufficiently differs from the previous parenting plan to justify a modification.

5. The court finds that a deviation from the presumptive child support of $142 per week is called for because:

a.  The mother is working only 70% of a full-time job;

b. the father is voluntarily sharing 50% of the parochial school, field trips and uniforms;

c. the father is exercising a larger than typical amount of time and expense with their child.

ORDER:

1. The father shall pay $100 per week child support and 50% of any unreimbursed medical, work-related day care, parochial school tuition, field trips and uniforms for this child.

Shluger, J.

Shluger, Kenneth L., J.