Kristin Chorba v. Joseph Chorba (2012)

MEMORANDUM OF DECISION REGARDING MOTION FOR ARTICULATION (144) AND MOTION FOR RECONSIDERATION (145)

A review of the record reveals that the court issued a decision on various motions dated April 5, 2012.   Specifically, the court ordered a modification of the child support order, denied the request for counsel fees and ordered the plaintiff father to reimburse the defendant mother the sum of $2,655.12 for various unpaid sums found to be due and owing to her.

Now comes the plaintiff requesting an articulation of those orders.   The defendant objects, correctly pointing out that absent an appeal, there is no such right to an articulation.   Notwithstanding, the court believes that if its decision can be clarified it may avoid unnecessary litigation or confusion.

The plaintiff father was and still is ordered to pay the sum of $2,655.12 within 120 days of April 5, 2012.   The plaintiff father's child support order shall be $195 per week plus 65% of any extracurricular or unreimbursed medical expenses effective April 5, 2012.   All other orders, not inconsistent with these orders, including the order wherein the plaintiff father is to pay on a previous arrearage at the rate of $100 per month, shall remain in full force and effect.

Addressing the motion for reconsideration, the plaintiff correctly points out in its objection (146) that this is nothing more than a “second bite of the apple” rather than a legitimate argument that the court overlooked important principles of law or had a misapprehension of facts.   The court fully considered these arguments in determining whether the defendant should be compensated for legal fees.   Notwithstanding the fact that the court found that the legal fees incurred were reasonable and of high quality, there was no evidence (including on the defendant's financial affidavit) that these fees were anything but pro bono.   For the foregoing reasons, the motion for reconsideration is denied.

Shluger, J.

Shluger, Kenneth L., J.