Opinion
4:23-cv-02832-HSG
05-09-2024
SHERYL MAY RIMAS EUGENIO, Plaintiff, v. JOHNNY BENSON EUGENIO, Defendant.
Patrick Kolasinski (CA SBN 262363) The Law Offices of Patrick Kolasinski Attorney for Plaintiff Sheryl May Rimas Eugenio
Patrick Kolasinski (CA SBN 262363) The Law Offices of Patrick Kolasinski Attorney for Plaintiff Sheryl May Rimas Eugenio
JUDGMENT AS MODIFIED
Judge Haywood S. Gilliam, Jr.
On May 1, 2024 the Court granted the Plaintiff's Motion for Summary Judgment [Docket Item 62]. The Court ordered the Plaintiff to submit a supplemental calculation of damages as provided herein in the Appendix. The Court having reviewed the same, judgment is hereby entered for the Plaintiff and against the Defendant in the amount of $16,925.00.
The Court incorporates by reference its order [Docket Item 62, p. 13] requiring the Defendant's prospective compliance with his obligation under the Affidavit of Support.
APPENDIX
The Plaintiff has submitted the following supplemental calculations as per the Court's order granting summary judgment.
Damages Owed from July 2022 - April 30, 2024
Period
125% of FPG for HH of two
Offset for alimony
Offset for food stamps
Offset for other income
Total
2022 (July-December
$11,442 ($1,907/mo x 6 mo)
$7,704 ($1,284/mo x 6 mo)
$0
None
$3,738
2023
$24,650
$15,408 ($1,284/mo x 12 mo)
$1,088 ($136/mo x 8 mo)
$80 (babysitting)
$8,074
2024 (Jan - Apr 30.)
$8,516 ($2,129/mo x 4 mo)
$5,113
TOTAL:
$16,925.00
The Defendant has completed the following alimony payments to Dated: Jan. 3 - $142; Jan. 15 - $42; Jan. 18 - $100; Feb. 1 - $142; Feb. 18 - $42; Mar. 4- $2; Mar. 15- $2; Mar. 21- $80; Mar. 22 - $10; Apr. 8 - $32; Apr.16 - $100.
Due to the Defendant's failure to provide proof of his income to the Department of Social Services, the Plaintiff has been denied SNAP benefits effective April 30, 2024.
The Plaintiff has started parttime work at Monterey Embassy Suites and has completed two biweekly pay cycles starting April 13, 2024. Her total pretax earnings to date are $2,023.
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