Isaac Miller v. Tianjdra Miller (2013)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR MODIFICATION POSTJUDGMENT # 124

The court has jurisdiction over this matter pursuant to a judgment entered December 21, 2012.   The court conducted a hearing on the matter with the plaintiff appearing with counsel and the defendant self-represented on September 25, 2013.   The plaintiff is seeking a change to the parenting plan and decrease in child support.   The court, having reviewed the pertinent case law, statutes and testimony of the parties, makes the following rulings.

FINDINGS OF FACT

1. The parties have a child, Ethan S. Miller, DOB 9/28/07, who has special medical needs stemming from a hearing loss.   Special needs expenses include transportation to specialists as well as equipment not covered by insurance.

2. The defendant is the primary caretaker for the child, both residing in West Hartford.

3. On the date of judgment the plaintiff was ordered to pay child support in the amount of $187.00 per week.

4. Pursuant to agreement of the parties # 108, the plaintiff was to provide medical insurance.   At the time of this hearing, he has allowed the coverage to lapse.

5. The plaintiff has moved to Massachusetts for educational purposes after becoming unemployed.   The plaintiff has proven a substantial change in circumstances pursuant to CGS § 46b–86.   He is collecting unemployment benefits of $591.00 net per week.   The defendant also serves in the Army National guard.

6. Parenting plan agreements were entered on July 31, 2013 allowing the plaintiff every 3rd weekend visitation except in Sept. and May. April school vacation was also allocated as father's parenting time.   Additional holidays, vacations and other parenting plans are codified in orders # 125–agreement of the parties and # 126–order of the court.

7. The presumptive amount of child support on the date of the hearing is calculated at a rate of 47.40% share which would result in the plaintiff paying to defendant $109.00 per week.   The plaintiff's net income weekly is $591 and the defendant's net income weekly is $550.

8. The court finds credible the mother's testimony regarding the disruption, chaos and the constant changes to the parenting schedule relating to her primary caretaking in her son's life.

9. The court finds pursuant to CGS § 46b–215a–3(2) that the defendant is awarded a deviation upward based on the child support guidelines for extraordinary expenses for care and maintenance of a child with special needs.

ORDERS

1. Visitation

The plaintiff's request for change of parenting schedule for October 2013 is denied.

The court grants his request for school vacation schedule change with the plaintiff's parenting time being February 2014 and the defendant's switched to spring vacation April 2014.

2. Child Support

The plaintiff shall pay to the defendant the weekly support amount of $140 per week beginning the week of November 4, 2013 and each week thereafter.

3. Medical Insurance

The plaintiff is to provide medical insurance no later than October 31, 2013.   The father shall be responsible for 100% of unreimbursed medical expenses during the period of time insurance was suspended.   Reimbursement to be paid within 30 days of proof of expenditure.

SO ORDERED.

BY THE COURT,

Stewart Johnson, J.

Johnson, Stewart, J.