Opinion
No. FA00 037 84 49
December 3, 2010
MEMORANDUM OF DECISION
The marriage of the parties was dissolved on March 12, 2003. The parties shared joint legal custody of Cooper, their minor child, with primary residence with the mother. On June 25, 2007, pursuant to the parties' agreement approved by the Court, Cooper lived with his father and his mother then had reasonable rights of visitation. Child support payments, payable by the father, ceased pursuant to a Court Order retroactive to November 16, 2006. The defendant was served with a motion for child support in July of 2007. This court subsequently heard evidence on August 11, 2010 and October 5, 2010.
Both parties have remarried; Cooper has been with his father for approximately four years. Mother, through her new husband, has provided medical insurance for Cooper, has purchased him gifts and has taken him on vacation.
Cooper has lived with his father for approximately four years. The file indicates the parties, from June of 2007, have been engaged in extensive discovery. This matter was set down for a hearing on December 17, 2009. The parties' main concern was the need for a therapeutic school. On December 17, 2009, it was agreed that Cooper would attend the Forman School beginning on January 4, 2010. After many hearing dates on the issue of support, the matter was finally heard on November 9, 2010. At the time of judgment, father was paying child support in the amount of $165.00 per week. Both parties have remarried. In 2005 the child support was reduced to $125.00 per week retroactive to November 16, 2006.
The father, in October of 2006, had serious problems with a tenant who was occupying his home on Cross Highway in Westport. An eviction proceeding ensued and father expended substantial sums in litigating with the "family friend." In May of 2008 the Valley Road property was sold and father netted approximately $150,000 from the sale. The father, the new wife, and Cooper moved back to Cross Highway, the home owned by his new wife, Wendy Yurkiw. The father has a great deal of difficulty with Cooper. He has had social and academic problems in the local Westport school and was accepted by the Forman School, a private school. After three months he was asked to leave the Forman School. The home on Cross Highway has been renovated almost exclusively by the father and he spends much of his time renovating same. Unfortunately, the rest of his time has been spent nurturing and dealing with Cooper who was having extensive difficulties in school. In addition to academic and discipline problems he had chronic and continuous physical problems. Father's responsibility as relates to Cooper's physical care became a daily time consuming struggle. Upon Cooper's dismissal from Forman School he returned to Staples. A dispute between both parents as to Cooper's continuing course of education ensued and Cooper stayed with his mother for approximately three months. When Cooper's mother wanted to take him on a vacation to Bermuda the father objected. His former wife went on the trip without Cooper and Cooper went back to live with the father where he presently resides. The father has been the primary residential parent except for the three months period set forth herein.
It would serve no purpose to detail the mother's lifestyle except to describe it as the other side of luxurious. She has no financial assets other than free use of credit cards. Financial support to her son is almost non-existent.
This court has considered Connecticut General Statutes §§ 46b-56(a), 46b-84 and 46b-215(b) in entering its orders. It has also considered the mother's life style and personal expenses as a basis to compute income where conventional methods for determining income are inadequate. Milazzo v. Panico, 103 Conn.App. 464; Eisenbaum v. Eisenbaum, 44 Conn.App. 605; Fish v. Igoe, 83 Conn. 398.
The mother who has obvious means and resources to contribute to the child support should not be absolved by disguising her access to assets. In the present case it would be almost impossible to clearly set forth who is responsible for the three and one-half (3 1/2) year delay in resolving this matter. The child has extraordinary needs. While the mother has been generous in many luxury areas she has an obligation to assist in providing some basic care.
The court finds a fair support order based on all of the statutory criteria would be in the amount of $325.00 per week or $16,800.00 per year. 172 weeks have passed since the date of service. It is the order of the court that the mother of Cooper pay $325.00 per week toward child support. Based on the court's finding there is an arrearage of $55,900 that shall be paid at a weekly rate of $280.00 per week until paid in full.
Any sum due to the counsel for the minor child shall be divided equally by the parties with appropriate credit for sums advanced, i.e. 50% from each party based on the total sum with appropriate credits.