Adrian Marcus v. Dawn Cassara (2012)

MEMORANDUM OF DECISION

The defendant filed motion(s) for contempt dated July 6, 2011.   The court having heard testimony and receiving evidence finds the following:

1. Child Support —The parties agreed that the plaintiff was current as to child support.   The court does not find the plaintiff in contempt or in violation of the existing order.

2. Childcare —The allegation is that the plaintiff owes his share of child care expenses (day care) in the amount of $1,428.   The defendant was not performing any of her job duties for a period of approximately sixty (60) days and the children participated in summer camp.   Therefore, the plaintiff owes the defendant $714.00 as which sum shall be paid to the defendant by February 29, 2012.

3. Extracurricular Activities —The combined total of the plaintiff's portion of these expenses is determined to be $548.82.   The parties' daughter had previously participated in dance and the plaintiff had urged the gymnastics involvement.   The plaintiff is to pay the defendant by April 30, 2012.   The plaintiff is in violation of the existing court order but due to the communication problems between the parties no contempt is found.

4. Unpaid Medical Expenses —The allegations are concerning over the over the counter items that both parties have purchased.   No violation of order is found.

5. Unreimbursed Dental Expenses —The plaintiff has entered into a payment plan with the children's dentist for the outstanding bill of $409.20 and shall pay the balance by May 1, 2012.

6. Summer Camp —The plaintiff's portion of camp for the three children is $302.40.   The plaintiff is ordered to pay that sum of money to the defendant by June 30, 2012.   Prior to entering the children in any future summer camps the parties are to discuss/e-mail with each other the various camps and costs to determine the selection of such a camp and the cost.   In the event the parties do not reach an agreement they may return to court for further orders.

7. Exchange of Tax Forms Annually —The parties shall follow the existing order of the court.   In the event there is a letter provided to the other party from a CPA detailing the reason for any delay in the filing and therefore a copy of a return not being provided by May 15th of each year there shall be a $5.00 per diem charge to be charged to the then defaulting party.

8. Child Exemption for Tax Purposes —The plaintiff may have the children as tax exemption which may be modified in the future in the event of a significant increase/decrease upon either party's income.

9. Modification of Child Support —The plaintiff's motion to modify child support is denied.   The plaintiff did not meet his burden of proof that there has been a substantial change of circumstances since the January 21, 2010 decision.   It should be noted that the plaintiff traveled in 2011 taken a business/vacation trip to Las Vegas and incurred expenses traveling and staying there and he also expended some $45,137.30 in advertising expenses which the court finds unreasonable given the existing court orders.

MALONE, J.

Malone, John P., J.T.R.