Jennifer Green v. Scott Green (2013)

ORDER RE DEFENDANT'S MOTION TO MODIFY # 200 AND MOTION FOR CONTEMPT # 244

After listening to the parties and their witnesses over multiple days of hearings, reviewing the financial affidavits as well as the child support guidelines submitted by each party, examining the numerous documents introduced in evidence, considering the appropriate case law and statutory criteria, the court finds that there has been a substantial change in circumstances warranting a modification of various financial orders, and enters new orders as follows:

1. The defendant is ordered to pay to the plaintiff child support in the amount of $328 per week which is in accordance with the presumptive amount in the Child Support Guidelines filed by the plaintiff on August 14, 2013.   The order is retroactive to January 25, 2013 the date of filing.

2. The defendant is ordered to pay to the plaintiff alimony in the amount of $350 per week retroactive to January 25, 2013 the date of filing.

3. The defendant is ordered to pay to the plaintiff $25 per week on the previously found child support arrearage of $6,012 until fully paid.   The arrearage balance may have to be adjusted because of payments made or the retroactivity credit.   Any amount of money being held in escrow pursuant to court order is to be used to reduce the arrearage of child support first and then alimony before the balance, if any, is distributed to the parties.

4. The payments described above are to be made pursuant to an immediate wage withholding order, in semi-monthly payments to coincide with the defendant's pay periods.   Until the payments are deducted from his wages, he is to make the payments directly to the plaintiff.

5. The defendant's obligation to maintain life insurance as per the terms of the separation agreement dated August 13, 2009 is reduced to $500,000.

6. By April 15 of each year, until there is no longer any financial obligation for child support or alimony, the parties shall exchange their complete IRS tax returns in order to determine that the payments are appropriate under the circumstances then existing.

7. The parties are each ordered to notify the other in writing within 48 hours of any substantial change in employment income, or any other income from whatever source received.

8. All prior orders not modified or inconsistent with the above orders shall remain in full force and effect.

9. The defendant's obligations under previous orders remain in effect until the date of this order.

10. No counsel fees are awarded to either party.

11. The defendant's motion for contempt dated June 26, 2013 (# 244) is denied.

CUTSUMPAS, JTR

Cutsumpas, Lloyd, J.T.R.