Son's Residence with Father Insufficient for Support Credit
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Child Custody Divorce & Family Law Child Support
Summary: Blog about a father applying for child support from his son's mother as credit for time he already spent caring for the boy.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Trial court did not err in its decision denying father credit as to child support owed by mother for time parties' son lived with father where father never brought motion to modify support order and where mother did not consent to change in payment.
The marriage of the parties was dissolved on December 21, 1976 and incorporated a separation agreement dated April 1, 1976. This agreement provided that the plaintiff would have custody of the parties’ three children, Geoffrey, Jennifer, and Laura. The agreement provided that in the event that the plaintiff wife remarried; the defendant husband would continue to pay child support. In addition, the defendant was required to pay to the plaintiff as child support for each child the sum of 10 percent of the defendant’s income that exceeded $67,500. In 1980, the parties’ son went to live with the defendant for two years. During this period, the father ceased making support payments to the mother for the son. At trial, the defendant requested a credit for the time his son spend living with him. The appeals court concluded the plaintiff had allocated custody of the children. In this respect, she has the authority to determine how and in what manner child support funds should be spent. The defendant’s unilateral decision to divert such funds reduced her ability to make such decisions. The defendant was not entitled to credit, and made no such provisions in the separation agreement.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Goold v. Goold, 527 A.2d 696 ; 1987 Conn. App. LEXIS 974 (June 16, 1987)
