Jakelin Dobrich v. Gerald Dobrich (2011)

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR MODIFICATION OF CHILD SUPPORT (212.20)

On October 26, 2011, the court heard the defendant in connection with the foregoing motion.   The plaintiff and her counsel did not appear.

The defendant failed to provide an updated financial statement, but did provide a Worksheet for Connecticut Child Support and Arrearage Guidelines together with copies of checks and unemployment benefit statements.

The foregoing motion was filed nineteen days after the court issued a written ruling which addressed, inter alia, a motion filed by the defendant for modification of child support (119).   The findings of such ruling are incorporated herein by reference.

The court makes the following findings, which have been made by a fair preponderance of the evidence, and enters the following orders:

In paragraph 1 of his motion, the defendant alleges the plaintiff mother has obtained “new” employment but was unable to introduce any evidence in support of such claim.   Accordingly, the court cannot find a substantial change in circumstances.

In paragraph 2, he recites he has been laid off due to lack of work.   That is not a change in circumstance from the earlier hearing.

In paragraph 3, he alleges that his unemployment benefits are scheduled to be exhausted in “2 weeks.”   He testified to the same at the hearing.   The exhaustion has not yet occurred.   Accordingly, the court does not find a substantial change in circumstances has yet occurred.

Further, the court reiterates the child support was calculated on the defendant's earning capacity and not on his income.

The claims in paragraphs 4, 5 and 6 have been addressed in the court's earlier ruling and do not serve as a basis for modification of child support.

In paragraph 7, the defendant alleges he is unable to continue the support ordered by the court.   Based on the evidence before the court, the court does not agree and finds no substantial change in circumstances.

The court finds the defendant has not met his burden to prove a substantial change in circumstances to warrant a modification of child support at this time.   The motion is denied.

SO ORDERED.

By the court,

Olear, J.

Olear, Leslie I., J.