Sara Marshall v. Michael Marshall (2013)

COURT'S SUA SPONTE RECONSIDERATION OF DEFENDANT'S MOTION FOR MODIFICATION

The court, on its own motion, reconsiders its previous ruling on defendant's Motion for Modification (# 144).

Having reviewed the evidence, the court finds that plaintiff's testimony regarding the regularly recurring contributions or gifts to defendant from his current girlfriend is credible and persuasive.   Plaintiff testified that defendant has been consistently able to pay for food and activities with his three children during his parenting time with them despite his physical inability to work and earn.   The court further finds on the basis of his most recent financial affidavit that defendant has been able to reduce his income as a direct result of the contributions or gifts from his girlfriend.   Regulations of Connecticut State Agencies, 46b–215a–3(b)(1)(D).

The court finds that the presumptive amount of child support flowing from defendant to plaintiff under the Child Support Guidelines is $5.00 per week.   However, the court also finds that strict application of the Guidelines in this case would be inequitable and inappropriate.   Id. The court vacates its prior order, deviates upward and orders defendant to pay $30.00 per week for the support of his three children starting immediately upon notice to him.   The Clerk's Office shall immediately notify defendant of the court's orders per his most recent appearance on file.

All other orders of the court previously entered remain unchanged and in full force and effect.   This order is entered without prejudice to either party who may seek further argument in light of the court's current findings and orders.

SO ORDERED.

Carbonneau, J.

Carbonneau, John L., J.