Opinion
No. 0127179
July 25, 2003
MEMORANDUM OF DECISION
The plaintiffs claim that the $400.00 the defendant receives from his employer for necessary automobile expense and cell phone use is income and should be added to the defendant's income for determining the defendant's share of child support even though no taxes are withheld from same, is denied. The court finds that said allowances do not enhance the ability of the defendant to pay child support. If unreimbursed, such expenses could be grounds for a deviation in the support determination.
The definition of gross income contained in the guidelines includes items that, in effect, increase the amount of a parent's income that is available for child support purposes. Unkelbach v. McNary, 244 Conn. 350, 360 (1998).
Based on the above, the defendant's weekly income is found to be $1,137.08. He is ordered to pay $315.00 weekly child support for his minor children retroactively to April 4, 2003.
Any payment the defendant made to the plaintiff since said date is to be deducted from the support payments due to the plaintiff from said date.
Further, the defendant shall pay 34.5 percent of the unreimbursed medical expenses for their minor children.
In addition, the defendant shall pay to the plaintiff as child support 21.55 percent of any bonus he receives from his employment.
The defendant shall pay to the plaintiff alimony pendente lite of $100.00 per week.
Joint custody of said minor children is awarded to the parties with primary custody to the plaintiff. The defendant is awarded reasonable rights of visitation with the minor children. Any notice from the CT Page 8453-lm defendant to the plaintiff concerning visitation with the minor children shall be by e-mail communication as previously ordered by the court.
The issue of unpaid mortgages, real estate taxes, etc., is left to the final determination of the dissolution proceedings and the division of the marital assets of the parties.
Vasington, JTR CT Page 8453-ln