Opinion
No. FA07-4011432S
October 1, 2008
AMENDMENTS AND CORRECTIONS TO MEMORANDUM OF DECISION
On August 11, 2008, this court issued a Memorandum of Decision (#166.10) dissolving the marriage of the parties and resolving the outstanding parental and financial issues between them. Thereafter, the plaintiff wife ("wife") filed a Motion to Clarify, Amend and Correct, Postjudgment dated August 26, 2008. The wife has asked the court to clarify ¶ 2 of Section 3 of the Order in the Memorandum of Decision regarding the criteria for receipt of supplemental periodic alimony. In addition, she has asked the court to enter an immediate wage withholding order for any and all alimony payments. Finally, she has asked the court to correct the first sentence of ¶ 1 of Section 4 of the court's Order in the Memorandum of Decision to reflect "monthly," not "weekly" payments of child support.
Subsequent thereto, the defendant husband ("husband") filed a Motion to Reargue dated August 28, 2008. The gravamen of the husband's pleading was that the court's order for supplemental child support contained in ¶ 2 of Section 4 of the Memorandum of Decision, which is based upon a percentage of his gross income, does not, in one or more respects, comply with the holding of the recent decision of the Connecticut Appellate Court in Gentile v. Carniero, 107 Conn.App. 630 (2008). The court agrees. Likewise, the husband also pointed out the need to correct the first sentence of ¶ 1 of Section 4 of the court's Order in the Memorandum of Decision to reflect "monthly," not "weekly" payments of child support.
The court granted the husband's Motion to Reargue and heard argument from both counsel on September 22, 2008. At that time both counsel stipulated for the record that the incomes of the parties had not changed since the date of the trial and agreed that the financial affidavits filed at that time may be used by the court.
FINDINGS CT Page 15823
The court makes the following additional findings:1. That at the time of trial, the husband's net income from employment was $99,372.00 based upon a gross base income of $150,000.00; and that the basic alimony and support order is based upon the net income of the parties.
2. That the evidence at trial demonstrated that the husband is eligible to be considered for an annual bonus; that in calendar year 2008 he received a bonus in the amount of $150,000.00 for the previous year; and that it is appropriate to enter a supplemental alimony and support expressed in terms of a percentage based upon a function of any additional gross income in excess of his base income of $150,000.00, Guarascio v. Guarascio, 105 Conn.App. 418, 423-25 (2008).
3. That the court finds it is appropriate and equitable to apply the deviation criteria set forth in § 46b-215a-3(b)(5,) of the Child Support and Arrearage Guidelines Regulations on the basis of the coordination of total family support.
ORDER
The court having reviewed the file, considered the argument of counsel, and in light of the provisions of General Statutes § 46b-56, 46b-56a, 46b-56c, 46b-81, 46b-82, 46b-84 and 46b-215a, including the Child Support and Arrearage Guidelines Regulations, hereby OPENS, AMENDS, and CORRECTS the Memorandum of Decision as follows:
1) Section 3 of the Order shall read as follows:
3. Commencing September 1, 2008, and monthly thereafter, the husband shall pay to the wife the sum of $3,125.00 as and for periodic unallocated alimony and child support, until the death of either party, the remarriage of the wife, or August 31, 2015, whichever shall sooner occur. In addition, commencing September 1, 2008, for so long as he has an outstanding alimony obligation to the wife, within two (2) weeks after receipt by the husband of any gross additional cash compensation from his employment (including, but not limited to any salary, bonus or incentive pay) in excess of his base salary of $150,000.00, the husband shall pay to the wife 25% of such gross additional cash compensation ("additional compensation") up to and including the first $200,000.00 per year of such additional compensation, as and for additional periodic unallocated alimony and child support, until the death of either party, the remarriage of the wife, or August 31, 2015, whichever shall sooner occur. In addition, the husband shall provide satisfactory evidence to the wife of this additional compensation within two (2) weeks from receipt thereof.
It is the intention of the court that the alimony order shall be nonmodifiable as to term. It is further intended that the wife shall be entitled to earn additional total cash compensation from employment of up to $30,000.00 per year from any source, including salary, bonus, or incentive pay, before the husband can use that factor as the sole basis for modification of his alimony obligation.
In the event that the alimony shall terminate for whatever reason and the child is still 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. The foregoing notwithstanding, in the event that 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 his nineteenth birthday, whichever shall sooner occur, pursuant to General Statutes § 46b-84(b).
2) Section 4 of the ORDER is HEREBY ELIMINATED and the space is left INTENTIONALLY BLANK. 3) Section 13 of the ORDER shall read as follows:
13. The Court hereby orders an Immediate Wage Withholding Order pursuant to General Statutes § 52-362(b) in order to secure the payment of the alimony order.
In all other respects, the decision of the court dated August 11, 2008 remains unchanged and in full force and effect.