Catherine Ostroski v. Joseph Ostroski (2013)

MEMORANDUM OF DECISION RE MOTION TO MODIFY ARREARAGE # 166

In this matter, the Court makes the following findings of fact after a July 1, 2013 hearing.   The stipulations mentioned herein were approved and made orders of the court.

1. On December 4, 2008, as part of the dissolution of marriage judgment, the parties entered into a stipulated agreement for the custody, visitation and support of their minor son;

2. The defendant agreed to pay $173.00 weekly child support to the plaintiff;

3.  On March 15, 2010, the parties stipulated that the defendant owed $1,309.00 in back child support to the plaintiff;

4.  In a stipulation dated June 26, 2012, the defendant agreed to pay the plaintiff $171.00 per week in child support;

5.  In the same stipulation, the parties stipulated that the defendant owed the plaintiff a total child support arrearage of $11,662.00;

6.  In a stipulation dated June 26, 2012, the defendant agreed to pay the plaintiff an additional $34.00 per week on the arrearage;

7.  In early December 2012, the parties agreed, via email, that the defendant would make payments for their child in common for his college tuition and related expenses.   It was further agreed that half of what the defendant paid for their son's college related expenses would be deducted from the aforementioned $11,662.00 arrearage if all applicable receipts were attached (Exhibit 1).   At trial both parties agreed that the email exchange accurately reflected that intent.   Neither party wishes to change or alter the December agreement.

8. The defendant submitted documents at trial, including an IRS 1098–T form, as proof of the total amount he claims to have paid in college tuition, room and board ($15,748.00) (Exhibit A);

9.  The defendant also submitted a document detailing additional payments made by him for college-related expenses and arrearage payments (Exhibit A);

10.  The plaintiff disagrees that the defendant has paid out $15,748.00 in payments directly to their son's college, indicating that their son also took out student loans for some of those expenses;

11.  Although the defendant claims all of the $15,748.00 in payments were debited from his bank account, upon inquiry, he failed to bring the bank records to court;

12.  The plaintiff provided only a document from the college bursar's office detailing payments from the defendant totaling $4,732.30 (Exhibit 1);

13.  The plaintiff does not dispute the accuracy of the defendant's detailed accounting of college-related expenses paid by him on behalf of their son totaling $2,962.75 (Exhibit A);

14.  The plaintiff also does not dispute the defendant's accounting of having made six direct arrearage payments of $34.00 each, totaling $204.00 (Exhibit A).

The Court finds that the defendant has proven total tuition, college-related expense and arrearage payments totaling $7,899.05 through March 5, 2013.   The Court will not reduce the arrearage further without bank records detailing payments made by the defendant.   Pursuant to the agreement between the parties, the Court reduces the $11,662.00 arrearage by $3,949.53, half of the $7,899.05.

Accordingly, the Court GRANTS the defendant's motion in part and establishes the arrearage at $7,712.47 through March 5, 2013.

BY THE COURT

Hon. Vernon D. Oliver

Oliver, Vernon D., J.