Gardella v. Gardella, No. Fa 86 0230304 (Aug. 9, 1991)
Opinion of the Court
The plaintiff remarried on March 10, 1990. The parties have been unable to reach agreement regarding the amount of support. The children are now 11 and 7 years of age. The plaintiff is now 36 years of age and the defendant now 34 years of age. The defendant, too, has remarried.
This matter comes to this court at this time pursuant to the court's original orders entered on May 20, 1987. (See para of this court's Memorandum of Decision dated May 19, 1987 and filed May 20, 1987 and paragraph 3 of the judgment). This, as the court sees it requires a new determination of the question of support. The court, therefore, now considers the provisions of
The parties have argued that the court should view this as equivalent to a motion for modification pursuant to the provisions
At the time of the original decree, the court found that the defendant had a total effective annual income of $108,600. Based upon his current financial affidavit, he is showing effective annual income of $125,060.00 although the affidavit shows that some of that income may not be repeated.
As the court found previously, the defendant, while he works very hard, lives very well. While his 50 per cent interest in 3 an airplane no longer exists, he now has a 37' Bertram sport fisherman valued at $225,000.00.
Having considered the factors of
The defendant shall pay to the plaintiff, by way of support for the two minor children, the sum of $2,000.00 per month.
At the time that a child reaches the age of majority, is earlier emancipated, dies, or is no longer residing with the plaintiff, support shall reduce for the remaining child to $1,200.00 per month and continue until such child reaches majority, is earlier emancipated, dies, or, or is no longer residing with the plaintiff.
This order shall be effective from March 10, 1990, prorated for the month of March 1990, and shall be subject to credits for money paid by the defendant from March, 1990, to this date. Such arrearage shall be paid within thirty (30) days of the date hereof
Finally, the plaintiff seeks attorney's fees in connection with this motion. The plaintiff does not have "ample liquid funds" with which to pay her counsel. The court previously ordered that the parties negotiate in an attempt to agree upon support at the time the plaintiff remarried. The parties were unable to agree. Neither party can be faulted further. However, the plaintiff does not have the funds with which to pay her attorney. The defendant, however, does have the CT Page 7316 ability to contribute towards the plaintiff's counsel's fee. The court orders that the defendant contribute $9,500.00 towards plaintiff's counsel's fees on or before November 1, 1991.
BASSICK, JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.