Nance Marshall v. Eric Marshall (2012)

MEMORANDUM OF DECISION

This is a postjudgment motion in which the plaintiff has filed a Motion For Contempt in response to Paragraph 2.4 of the agreement between the parties which was incorporated into the judgment.   The agreement/judgment sets forth that the parties shall divide on a non-taxable 50–50 basis the reasonable cost of equipment, activities, including tennis and ice skating lessons consistent with the practice to date ․” The order is clear.   The child(ren)'s costs for said activities was consistent with their prior practice.   The defendant expends substantial sums of money for charities.   He has a choice as to charitable donations but not as to these court ordered expenses.   Therefore, pursuant to the evidence before the court it is found that the defendant is responsible for $6,993.26 of said children expenses and the defendant shall pay the plaintiff that sum by July 15, 2012.   The defendant's nonpayment is found to be willful and shall pay attorneys fees to the plaintiff in the amount of $2,500 by July 15, 2012.

The defendant has filed a Motion to Modify Post Judgment the allocated alimony and child support orders.   Presently, the order in effect is for the defendant to pay the plaintiff $18,250 a month or $225,000 a year.   The defendant is a sole general dentist practitioner.   He has health problems which have reduced the gross revenue of his dental practice.

There is increased competition for patients as well as reduced income as a result of changes in dental insurance payments.   In addition his business overhead has increased.   Therefore, there has been a substantial change of circumstances to warrant a downward modification of unallocated alimony and support to $120,000 a year or $10,000 a month.   This modification is retroactive to March 9, 2011.

The youngest child attains the age of 18 and will have graduated from high school on July 1, 2012.   The order for alimony shall be reduced to $100,000 a year or $8,333.33 a month.

BY THE COURT

MALONE, J.

Malone, Robert J., J.