Francine Robinson v. Donald Robinson (2013)

MEMORANDUM OF DECISION RE MOTION TO STRIKE AND MOTION FOR COUNSEL FEES

The above matter is post-judgment.   A dissolution of marriage was entered on May 6, 2002.   On August 12, 2012 a modification of judgment was agreed upon by the parties and approved by the court.   The child support order was reduced to $300.00 per week.

On June 12, 2013, the plaintiff filed a “Motion for Modification.”   The defendant subsequently filed a “Motion to Strike” the plaintiff's pleading as the defendant had previously filed a similar motion which was heard and denied.

The plaintiff's motion sets forth its basis for a modification that the child support agreed upon by the parties on August 12, 2012 was based upon an incorrect determination of the defendant's hourly pay and hours per week.

No motion to reargue, correct, or for articulation was filed.   No appeal was filed.   No fraud has been alleged.   Therefore, pursuant to Hill v. Hill, 25 Conn.App. 452, 454–55 (1991), the Motion to Strike is granted.   The defendant's Motion for Counsel Fees is denied.

The Court

Malone, J.

Malone, Robert J., J.