DocketNumber: No. FA 90-30 15 84
Citation Numbers: 1999 Conn. Super. Ct. 6598
Judges: PETRONI, JUDGE.
Filed Date: 6/21/1999
Status: Non-Precedential
Modified Date: 7/5/2016
Since 1990, to the present, there is a long history of quarrel and strife between the parties. They have appeared on numerous occasions on plaintiff's (husband) motions for modifications and the defendant's (wife) motions for contempt representing themselves pro se before at least five judges and a Family Magistrate.
On April 21, 1999, Judge Owens referred these same two motions to Family Support Magistrate Reynolds, who entered a temporary order or plan for the plaintiff to pay $75 a week in child support for a maximum of two months. She specifically stated in her order that it was not a modification of the $200 child support order, but sought an interpretation or decision by this court of a prior order entered on July 6, 1998, by Judge Axelrod. His order prohibited granting any motions to modify the child support until the plaintiff was in full compliance with all arrearages and prior court orders pursuant to §
On June 2, 1999, this court held a hearing on these two motions and to consider Judge Axelrod's orders of July 6, 1998. There was testimony from Ms. Zita Schmiedle, the Child Enforcement Support Officer, exhibits were introduced into evidence, and both parties testified. Ms. Schmiedle confirmed from her records that the plaintiff has been receiving disability payments from New York State of $224.25 per week from May 1, 1997 to the present, from which $145.76 is being deducted for child support, leaving him $78.49 per week. She acknowledged that the plaintiff is entitled to a self-support reserve of $145 under the child support guidelines, and that nothing is being paid now, or can be in the future, on these arrearages.
On May 19, 1999, the plaintiff began receiving social security disability benefits of $115 a week, and together with the disability benefits of $224.25 from New York State, has a total weekly net income of $339.25. Ms. Schmiedle computed his child support obligation to be $75 per week under the current child support guidelines. CT Page 6600
This court has taken judicial notice of the Family Support Magistrate file, as well as the voluminous court file. In a medical report dated March 11, 1999, from a Dr. Herbert Bessen, M.D., the court finds the plaintiff sustained a work related injury to his neck and back in April, 1997, and since that time he has been unable to return to work. Dr. Bessen recommends an operation to his vertebrae and a spinal fusion.
The plaintiff's motion for modification is brought under §
Section
The plaintiff stipulated his present child support arrearage at $25,185.91. At the hearing, the plaintiff endorsed a social security check of $8791 for disability arrearages to the state, leaving a current arrearage of $16,394.91. From the testimony of the defendant and from the transcripts of the hearings before Judge Axelrod, the court further finds an arrearage of $4500 for unreimbursed medical bills, plus about $2000 more incurred by the child for an operation in February, 1999. The defendant shall verify the $2000 in medical bills to the plaintiff and Ms. Zita Schmiedlle. The court further finds an arrearage of $2,836.47 on the child's trust fund as of July 6, 1998, and the additional CT Page 6601 payments the plaintiff owes to the fund to date.
For the foregoing reasons, the plaintiff's motion for modification is granted.
The defendant's motion for contempt is denied.
The plaintiff sustained a work related injury and has been unable to work since April, 1997, to the present time. His only income during this period were disability payments of $224.25 a week from New York State, from which $145.76 has been deducted for his child support, leaving him $78.49 for his own support. There was no wilful intent to violate the $200 child support order.
Petroni, J.