Karen E. Andrews v. John Andrews (2013)

MEMORANDUM OF DECISION

Motion # 172, the Plaintiff's Motion to Set Aside Child Support, Postjudgment, and Motion # 231, the Defendant's Motion for Credit and Recoupment are before the court.   In addition, the plaintiff filed Motion # 239 entitled Plaintiff's Opposition to Defendant's Motion for Credit and Recoupment Postjudgment.

Procedurally, a judgment of dissolution of marriage was entered on October 22, 2008.   Pursuant to the separation agreement, Article 111 which was incorporated by reference into the judgment, commencing on November 1, 2008, the defendant was to pay unallocated alimony and child support in the amount of $16,000 per month, nontaxable, subject to the standard statutory events (none of which occurred) until October 31, 2011.   At that time, pursuant to § 3.5 of the Agreement:

Upon the first to occur of (a) the Wife's remarriage, (b) the Wife's entry into a “civil union” as defined by C.G.S. Sec. 46b–38aa or similar status in another jurisdiction, (c) termination of alimony or unallocated alimony and child support by a court of competent jurisdiction pursuant to the provisions of paragraph 3.4 or (f) October 31, 2011, the parties shall determine the amount of child support to be paid by the Husband to the Wife for the support of the parties' children.   Such child support shall be a monthly payment by the Husband to the Wife, which payment shall continue with respect to each such child until the child's eighteenth (18th) birthday;  except that if any child shall not have graduated from high school by her eighteenth birthday, then the child support payments for such child shall continue until the earlier of that child's graduation from high school or her nineteenth (19th) birthday.   In the event the parties are unable to agree upon a child support amount, the amount of child support payments shall be determined by a court of competent jurisdiction.   The child support obligation of the Husband pursuant to this paragraph 3.5 shall be retroactive to the date of the earliest event described in the first sentence of this paragraph 3.5.

Paragraph 3.2 of the agreement specifically states that “the term, duration and length of the Husband's alimony and unallocated alimony and child support shall in all respects be nonmodifiable.   To emphasize this nonmodifiability, paragraph 3.2 concludes with this sentence:  By this provision it is the intention of the parties that the Husband's alimony and/or unallocated alimony and child support obligation forever cease, absolutely, and unequivocally, not later than October 31, 2011.  (Emphasis added.)

To determine the amount of child support, the court is bound by the Child Support Guidelines and the decisions of the Connecticut Supreme Court in Maturo v. Maturo, 296 Conn. 80 (2010);  Misthopoulos v. Misthopoulos, 297 Conn. 358 (2010), and Dowling v. Szymczak, 309 Conn. 390 (2013).   The child support guidelines submitted in this case establish combined net weekly income of $18,580.00.¹  For three children, the guidelines establish a presumptive minimum amount of $686.00 per week, with Mr. Andrew's share of $473.00 per week or approximately $2,033.90 per month.   The court has discretion within the guidelines to consider the best interest of the children when determining the support order based on the presumptive minimum and the presumptive maximum.

The percentage for three children at Mr. Andrews net weekly amount results in a maximum amount of support at $5,057.47 per month.   The court finds this amount to be in the children's best interest, and SO ORDERS child support in the amount of $5,057.47 per month.   This amount exceeds the $7,000 per month Mr. Andrews has been paying in support since November 1, 2008.   He is therefore entitled to a credit of $1,942.53 per month retroactive to November 1, 2008.   The court must also factor that child support will be reduced to two children as the oldest turned 18 years old on April 28, 2013.   Using the guideline formula, child support for two children will be reduced to $4,683.17 per month.   Mr. Andrews will be entitled to a credit for the amount of overpayment retroactive to April 28, 2013.   Pursuant to the separation agreement, child support orders are retroactive to November 1, 2008 and reduced accordingly when each child reaches the age of majority.   No credit or recoupment is claimed for child expenses Mr. Andrews paid voluntarily, not mandated by the agreement.

SO ORDERED.

SCHOFIELD, J.

FOOTNOTES

FN1. Using the guidelines submitted by the law office of Gary I. Cohen representing the plaintiff..  FN1. Using the guidelines submitted by the law office of Gary I. Cohen representing the plaintiff.

Schofield, Marylouise, J.