Demetra Panagioutanidou v. Nicos Deligiannidis (2013)

MEMORANDUM OF DECISION

The initial hearing on the Plaintiff's Motion for Contempt occurred on September 19, 2012.   The defendant did not appear at that hearing although he had been ordered by the Court (Shay, J.) to be physically present.   An attorney did appear on his behalf.   The plaintiff testified at the hearing with the aid of a Greek translator.   At the conclusion of the hearing the court found a child support arrearage in the amount of $22,827.70 and awarded an additional $2,500.00 to the plaintiff for her travel expenses and $5,000.00 to the plaintiff for counsel fees.

No further motions were filed until plaintiff's counsel found a Merrill Lynch account in the defendant's name and secured a court order executing upon the judgment.   Whereupon the defendant hired counsel to file a Motion to Open which the court granted in equity to allow the defendant to testify.

At the further hearing, counsel narrowed the issues to (1) seven disputed payments and (2) whether the defendant's social security retirement benefits paid directly to his minor daughter should be credited to his court ordered child support.

After hearing the testimony, reviewing the exhibits and reading the transcript the court credits the defendant with the following payments; ¹

4/14/09 1,994.71

1/18/11 500.00

2/9/11 500.00

3/9/11 500.00

4/11/11 500.00

5/23/11  600.00

$4,594.71 Total

In addition the court finds that the defendant is entitled to a credit for the social security payments to the minor child.   While the proper procedure should have been a motion to modify, it is within the court's discretion to apply the credit to an existing order of support.   See Jenkins v. Jenkins, 243 Conn. 584 (1998), Tarbox v. Tarbox, 84 Conn.App. 403, 411 (2004), Vumbeck v. Vumbeck, Superior Court, FA 82 0206296.

The orders concerning the award of air travel expenses and counsel fees remain the same.

So ordered.

The Court,

Schofield, J.

FOOTNOTES

FN1. The court found the defendant's testimony to be credible concerning payments made to the sister-in-law on behalf of the ex-wife and minor child..  FN1. The court found the defendant's testimony to be credible concerning payments made to the sister-in-law on behalf of the ex-wife and minor child.

Schofield, Marylouise, J.