DocketNumber: No. FA96-0155331S
Judges: SHAY, JUDGE.
Filed Date: 11/4/2002
Status: Non-Precedential
Modified Date: 7/5/2016
The evidence discloses that both parties are currently employed at the same jobs they were at the time of the dissolution, and that each earns a gross salary somewhat higher than at the previous hearing. The husband's net income from employment is substantially higher, and the wife's is somewhat lower, however, the court finds that this is likely attributable to the tax consequences flowing from the previous financial orders, including the property division. The husband continues to receive an annual discretionary bonus from his employer, and both parties have interest and dividend income. The husband has some health issues including a lamenectomy and an angioplasty in 1999. The wife described her health as "good," although she told the court that she would need to have an ovarian cyst removed. She is now an associate professor, having been promoted from an assistant professor.
1. That at the time of the entry of the decree, the court ordered the defendant husband to pay the sum of $5,000.00 per month as and for unallocated alimony and child support; and that at that time there were two minor children, to wit: Laura, born October 13, 1983, and Stephanie, born July 25, 1886.
2. That some portion of the unallocated alimony order was attributable to child support. Kolkmeyer v. Kolkmeyer,
3. That the child Laura reached her majority on October 13, 2001; and that there was no credible evidence introduced to the court indicating that the child was still in high school at that time.
4. That the date of the last unallocated alimony and child support order was August 15, 2000; and that therefore, any modification must be based upon a substantial change of circumstances since that date.Borkowski v. Borkowski,
5. That the evidence demonstrates that there has been a substantial change of circumstances since the date of the last order, to wit: one of the minor children has reached her majority.
6. That the power of the court to enter orders for child support beyond the age of 18 years is limited by the factors set forth in General Statutes §
7. That the combined net weekly income of the parties is in excess of the maximum Child Support Guidelines amount; that presumptive basic child support is $383.00 per week; and that the Court finds that it is appropriate and equitable to apply the deviation criteria set forth in §
1. Commencing effective October 13, 2001, and monthly thereafter, the husband shall pay to the wife the sum of $4,000.00 as and for periodic unallocated alimony and child support, until the death of either party, the remarriage of the wife, or further order of court, whichever shall sooner occur. In the event that the alimony shall terminate for whatever reason and the remaining child is a minor, commencing with the first day of the first month following such termination, and monthly thereafter, the husband shall pay to the wife a sum consistent with the then existing Child support Guidelines or as the court may otherwise direct, as and for child support, until such time as the child shall reach the age of eighteen years, at which time child support for the remaining child shall cease. The foregoing notwithstanding, if the minor child shall turn eighteen years old and is still in high school, then, in that event, the child support shall continue until the first day of next month following graduation from high school or her nineteenth birthday, whichever shall sooner occur, pursuant to General Statutes §
In the event that the husband has continued to pay the sum of $5,000.00 per month pay in accordance with the existing court order or, in the alternative, any sum in excess of $4,000.00 per month, but less than $5,000.00 per month, he shall be entitled to a pro-rata credit for the month of October 2001 (19/31 x $1,000.00 = $612.90 maximum), and a full credit in the amount of such excess up to a maximum of $1,000.00 for each and every month he has so paid commencing November 1, 2001, through and including October 1, 2002. Said credit shall be taken by the husband, by subtracting the sum of $500.00 per month from his alimony and support obligation commencing November 1, 2002, until such time as the credit is fully used up. The court reserves jurisdiction with regard to any issue that may arise in calculating or applying the credit.
2. Each party shall be liable for their attorney's fees and costs incurred in connection with this motion.
3. The Court hereby orders an Immediate Wage Withholding Order pursuant to General Statutes §
THE COURT
___________________ SHAY, J. CT Page 14051