Lisa Ellis v. Michael Ellis (2011)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO MODIFY CUSTODY AND CHILD SUPPORT

The above-referenced Motion dated June 15, 2011 was heard before the court on September 6, 2011.   Based on the testimony and evidence provided at the hearing, the court makes the following factual findings:

1) The parties' marriage was dissolved by Order of the Court dated November 15, 2001 (Wolven, J.).

2) The parties were awarded joint legal custody of the minor children, Zachary Ellis, Samuel Ellis, and Olivia Ellis, with primary residential custody with the plaintiff wife.

3) Defendant father was ordered to pay $910.00 a week in child support.

4) On June 14, 2010, Zachary Ellis turned 18 years of age and defendant began paying plaintiff $610.00 in child support.

5) On or about the same date, Samuel Ellis made his primary residence with the defendant father and it is in the best interests of the child that primary residential custody remain with the defendant father.

6) Effective September 2010, defendant father ceased paying child support to plaintiff mother, with the exception of a $900.00 payment in November 2010 and a $1,000.00 payment in February 2011.

7) While defendant testified that he and plaintiff made a verbal agreement that his child support obligation would cease based on the fact that Samuel now resided with him, plaintiff denied there was such an agreement.   Defendant's argument is further undercut by the fact that he did make sporadic child support payments to plaintiff during the period when Samuel lived with him.

8) Defendant's child support arrearage as of the date of his Motion to Modify was $3,130.00.

9) Based on the financial affidavits submitted by the parties, plaintiff's presumptive child support obligation is $78.00 per week and she is presumptively responsible for 59% of the unreimbursed medical expenses of the minor children.

Defendant seeks an Order retroactively changing his child support obligation from the date that Samuel began living with him;  a request that the Court finds itself powerless to satisfy, even if the evidence supported such a result.   Proceeding from the date of defendant's Motion, however, the court finds that there has been a substantial change in circumstances based on the fact that Samuel now lives with defendant and enters the following orders in accordance with that finding:

ORDERS

1) Plaintiff is hereby ordered to pay defendant $78.00 in weekly child support retroactive to June 15, 2011.

2) Plaintiff is also ordered to pay 59% of all unreimbursed medical expenses;  defendant 41%.

3) Defendant's request for the appointment of a guardian ad litem is hereby denied without prejudice to its reassertion should circumstances change.

4) Defendant's requests for orders related to plaintiff's possible relocation are hereby denied.

5) Defendant is hereby ordered to pay the $3,130.00 in arrearage to plaintiff at a rate of $78.00 per week.

James W. Abrams, Judge

Abrams, James W., J.