DocketNumber: No. 045285
Citation Numbers: 1990 Conn. Super. Ct. 1539
Judges: PICKETT, J. CT Page 1540
Filed Date: 8/6/1990
Status: Non-Precedential
Modified Date: 7/5/2016
There is no issue regarding lying-in-expenses or future support. The only issue concerns an interpretation of Public Act 89-360 which amended General Statute Sec. 26b-171. Section 26b-171 of the Connecticut General Statutes as amended to 1969, stated: "If the defendant is found guilty, the court shall order him to stand charged with the support and maintenance of such child. . . ." and further provided ". . .and the court shall ascertain the expense of lying-in and of support and maintenance of the child until the time of rendering judgment. . . ."
Section 26b-171 was amended by 1989 Public Act 89-360, Section 15, which section only added the words ". . .or family support magistrate" at three points in the text of that section. However, Section 42 of the same Act further amended Section
The defendant claims that such deletion demonstrates a clear legislative intent to bar past support and maintenance. This claim overlooks General Statute Sec.
As stated in State v. Kozlowski,
There remains the question of a reasonable amount of past support and future contribution. The plaintiff discloses total weekly income of $397.11 and expenses of $426.53 plus $12.69 for debt reduction. The defendant shows net weekly income of $632.15 and weekly expenses of $758.04 with debt reduction of $29.25. Based upon the respective earnings of the parties and the needs of the child, the court finds that the defendant should contribute $30.00 per week retroactive to June 25, 1986 a period of four years and six weeks for a total of $6,480.00 to be paid at the rate of $10.00 per week.
Finally, the court finds that the defendant is the father of Sarah Elizabeth Jordan and that he should sign the child's birth certificate pursuant to General Statute Sec.
Judgment may enter accordingly.
PICKETT, J.