Jessica McLain v. Jeffrey Middlesworth (2011)

MEMORANDUM OF DECISION REGARDING MOTION TO OPEN AND MOTION TO REARGUE

The parties entered into a stipulation on October 31, 2011 relative to shared custody and various other details.   The parties did not agree upon a child support order and the court ordered the father to pay child support in the amount of $50 per week, a deviation from the presumptive child support guidelines of $90 per week.

Thereafter, the state of Connecticut filed a motion to open and modify the judgment to include the State arrearage in the amount of $4,784.33 because that information was unavailable at that time.   The defendant father filed a motion to reargue claiming that no child support order should apply and that the dependency tax exemption for the child, which had not been addressed, should be specifically allocated.   A representative from the state of Connecticut and the father appeared on November 28, 2011 to argue their positions.

It appears clear and uncontroverted that there exists an arrearage payable to the state of Connecticut in the amount of $4,784.33.

The father argued strenuously and convincingly that he carries the majority of the childcare responsibilities, transportation obligations, extracurricular activity expenses and works long hours at a difficult job while the mother performs none of those functions.

ORDER:

1. The judgment shall be opened and modified to reflect an arrearage to the state of Connecticut from the father in the amount of $4,784.33 payable at the rate of $5 per week secured by an immediate wage withholding order.

2. The father shall be entitled to the dependency tax exemption each year for the minor child.

3. The father shall pay child support in the amount of $40 per week.

Shluger, J.

Shluger, Kenneth L., J.