Jason Alterio v. Nikole Hassane (2011)

MEMORANDUM OF DECISION DEFENDANT'S MOTION FOR CONTEMPT (Motion # 146.89)

The defendant, Nikole Hassane, filed this Motion for Contempt on March 18, 2011, alleging that the plaintiff willfully violated court orders by failing to pay unreimbursed medical expenses and day care costs for their son.   In a Memorandum of Decision dated June 29, 2010, the court, Owens, J., ordered Mr. Alterio to pay 20% of these expenses in accordance with the child support guidelines.

Ms. Hassane acknowledges that she never physically provided the plaintiff with bills reflecting these costs.   Defense counsel did show Mr. Alterio a copy of bills at a hearing on April 14, 2011;  however, a copy of subsequent bills were never provided to him.   Owing to the lack of disclosure of the bills by the defendant, this court could not find willful non-compliance on the part of the plaintiff.   The Motion for Contempt was denied on the record.

There remains the question of what, if any arrearage is due by the plaintiff as to these payments.   Defendant's exhibit C reflects $30.00 of unreimbursed medical expenses for the child for this year.   The plaintiff is responsible for $6.00 of that total.   Defendant's exhibit B reflects unreimbursed prescription costs for the child for the years 2010 and 2011 as $105.18.   The defendant's portion is $21.00.

As to the day care expenses, the defendant entered into evidence Exhibit A, which is a statement from the Explorer's Learning Center where the child attended day care.   The statement reflects the cost of day care from September 1, 2009 to July 11, 2011.   Because the court order was entered June 29, 2010, this court will calculate arrearage subsequent to that date.   The day care bill from July 1, 2010 to July 11, 2011 is $4,350.00;  the plaintiff's portion is $870.   The court calculates that the plaintiff's total arrearage for unreimbursed medical expenses and day care for the child, based upon the evidence presented by the defendant is $897.00.

The plaintiff argues that the defendant failed to provide him copies of these bills and statements;  thus, it is unfair to order payment from him now.   He states that if he had been provided with the documentation, he would have made an effort to pay as they accrued.   While the court is sympathetic to this argument, owing to the plaintiff's very tenuous work history over the last several years, it is unlikely he would have been able to contribute much to this amount.   Moreover, he is still in arrears on his child support payments, which strengthens this position.

The court orders the amount of $879.00 added to the plaintiff's current child support arrearage.   The orders concerning arrearage payment are currently in effect, and remain so unless modified in the Magistrate Court which shall be the venue for all future financial matter in this case.

IT IS SO ORDERED,

WOLVEN, J.

Wolven, Carol A., J.