Sarah Strassburg v. George Manuras
Case No: 17FL00679
Hearing Date: Tue Sep 24, 2019 10:30

Nature of Proceedings: Req. for Order: Modification Child Support and Attorney Fees and Costs

Mother’s RFO: Modification Child Support; Attorney Fees and Costs

Attorneys:

Glenn L. Robertson for Petitioner [“mother”]

Paul A. Capritto for Respondent [“father”]

Rulings: The Court enters the following orders, pendente lite:

1. Father shall pay mother, on account of attorney fees, $10,000; said sum to be paid on September 30, 2019;

2. Child support remains unchanged, for now, at $1,137 per month;

3. In addition to the attorney fees father shall pay mother, on account of forensic fees, $5,000; said sum to be paid on September 30, 2019;

4. Mother’s request for father to pay $200 per month for extracurricular enrichment activities is denied without prejudice;

5. Mother’s request that father “pay for health insurance for Clark” is denied; however, father shall pay, within 30 days of the prompt submission of medical and dental bills, all of the child’s uninsured medical and dental bills within 30 days of presentation to him; [it appears there is no medical insurance presently on hand that is provided by either father or mother; on the other hand, it is not clear to me if the child is eligible for medical and dental governmental assistance; it also occurs to the Court that this issue deserves the lawyers’ attention since such insurance should be addressed via commission and not omission];

6. A further hearing on this RFO is set for December 17, 2019, at 10:30 am; mother’s suggestion that “if the forensic determines that father’s income available for support exceeds his stated income, then she will attempt to negotiate an increase in child support and failing that bring another RFO” is not acceptable to the Court; the Court has experienced lawyers on this case and the Court naturally assumes that efforts will be made in reaching a resolution; but the Court is not willing to accept an invitation for an indeterminate time to reach a resolution.

Background

This case has a long courtroom history; on 7/25/19 mother filed a 33-page request for a change in child support and attorney’s fees; set the hearing for 9/24; have read it all but will only summarize here; there is one child, Clark, age 2; request fees and costs of $33,000 (supported by attorney declaration; $28,000 fees and $5,000 costs; attorney’s fees and costs incurred from the beginning of representation until now in the amount of: $18,896; estimated attorney’s fees and costs in the amount of: $15,000; reports attorney’s fees and costs been ordered in this case before, to wit: 9/29/2017); child support previously ordered on 9/29/17 of $1,137 per month.

Mother testifies that she is unemployed; sole caretaker of Clark born 2/10/2017; her income for the last five years has been as follows:

2014: -$3,434 as a realtor and $12,600 in unemployment.

2015: -$1,260 as a realtor

2016: $ 4,269 as a realtor.

2017: $4,375 in pensions/profit sharing. (I inherited an IRA from my father.)

2018: $ 3,173 in pensions/profit sharing.

2019: Will be about the same as in 2018.

She testifies also that she has provided a copy of her tax returns from 2014 through 2018; became pregnant; quit work in August 2016; her mother is contributing approximately $2,000 per month to household out of necessity; child support she receives is not adequate; her mother did not contribute to her support before she became pregnant; she lived off her income, unemployment and money she inherited from grandfather; if she receives adequate child support, will not ask her mother to contribute financially; does not believe that she could earn over minimum wage of $2,080 per month; work history is limited to being a grocery clerk, work in water treatment and work as a realtor; would need child care if she works; estimates cost; testifies that father has never seen the child; acknowledges that she agreed to the stipulation entered on 9/29/17; father did not want contact with child.

Mother is requesting guideline child support; that father pay 100% of uninsured medical for Clark and 100% of extracurricular activities of $200 per month; her assets are: she inherited a home which is in disrepair, valued at $600,000; has inherited an IRA with a current value of $126,995; cannot use those funds without penalty until age 65; wants to preserve these assets to provide a home; her mother lives with them and she is paying for repairs to the home; requests attorney fees and costs (refers to attorney’s declaration).

Declaration of Her Attorney AND a Memorandum of Points and Authorities

Filed; 7/25; testifies that a number of factors have added to the complexity and importance of the litigation; father’s finances are complex; has retained CPA Greene and is requesting $10,000 to be paid to him to provide a report respecting father’s income. Rule 1419 has been met.

Mother’s I&E

She testifies that she is 39 years old, has a professional realtor’s license, and vocational training as a water treatment operator; reports no current income and only $246/mo last 12 months; $2,000 cash and all other property valued at $727,000; living expenses $3,721/mo with $2,600/mo paid by “others” meaning her mother who lives with her; has paid her attorney about $12,000 from her inheritance and still owes $19,000; time share is reported at 100%. Reports additional expenses for child of $200/mo for swim, music and dance lessons.

Father’s I&E

Filed 9/11; he is 50 years old; occupation Construction Project Manager; has contractor’s and real estate licenses; works 60 hours a week; filed tax return in 2018; lists no earnings but attaches profit and loss statements for the last two years and/or a Schedule C; pays $622/mo medical insurance; $1,600 in cash; personal property [says see attached); living expenses $3,600/mo; installment debt of $50,000 to his mother; reports he has paid no fees for this RFO and fees and costs TBD; time share is 0; reports he does NOT have health insurance for child through his job; reports that in 2018 he had net income loss of $48,696 [$4,000/mo]. His retirement account is at $228,000.

Father’s Response

Filed 9/11; testifies that there has been no change in circumstances since the 9/29/17 Stipulation and Order except that mother’s expenses have decreased by $3,755 per month and she is now receiving $2,000 a month in non-taxable income from her mother; that the 9/27/17 order includes the agreement reached re his contribution to mother’s fees/costs through the date of the order, were $24,581 through 9/19/17; that her lawyer’s fees for the filing of the current motion are only $1,683; that’s the only fees at issue; mother receives non-taxable income of $24,000 annually from her mother and she has taken no action to secure employment at which she is capable of earning more than the zero employment earnings she is claiming; that mother claims her decision to not seek gainful employment is because she would have to pay 100% of her income to pay child care costs; her lack of gainful employment prior to the birth of the minor child had nothing at all to do with the cost of child care but instead had to do with her refusal to take any action to secure gainful employment.

Father testifies that he has had no significant change in income since case was last before the Court; agreement reached was based on a zero income to mother and more than $7,000 in monthly living expenses, none of which were paid for by others; the income imputed to her was zero; the support calculation mother’s lawyer submitted previously imputed zero physical custody time to father, $73,334 in annual self-employment income, $85.00 a month in health insurance costs and resulted in guideline support in the amount of $954/mo; he agreed to pay $1,137 per month; has made 100% of all payments in a timely manner.

Father concludes that there is no change in circumstances warranting a modification in support, fees incurred to pursue a motion to modify under circumstances where there is no basis for a modification should be denied; asks that the Court deny her RFO in its entirety.

Father’s Child Support Guideline Calculations

Filed 9/11; Assumes for father: one child with 100% time share for mother; he files Single and she files HH; self-employment income for father $6,732/mo and for mother “other nontaxable income” $4,600/mo; health insurance for father $485/mo; no child support add-ons; calculates child support at $920/mo.

Mother’s Reply

Filed 9/16; the “amount of expenses paid by others” of $2,600 on her Income and Expense Declaration is an estimate of support provided by her mother who lives with her and helps her with basic living expenses for Clark and her; no one else gives her money or pays for her support; she estimated the support provided by her mother at $2,000 per month in her declaration and $2,600 in her Income and Expense Declaration; $2,000 estimate is more accurate; her mother gives her this money because it is necessary for her and Clark’s basic needs; to the extent that child support increases, she will need less from her mother.

Mother’s Attorney Fee Declaration AND Points and Authorities

Filed 9/16; fees and costs incurred prior to the Stipulation and Order of September 29, 2017, were $24,581, of which father paid $10,000, leaving a balance of $14,562; fees and costs for the instant RFO to date are $9,764 with an estimated $750 to be incurred through hearing; the total fees and costs for this RFO are $10,514; she is requesting an additional $5,000 to be paid to her forensic economist to make a determination of income available for support; mother is also requesting that father pay her $200 per month for extracurricular enrichment activities and that he pay for health insurance for Clark; if the forensic determines that father’s income available for support exceeds his stated income, then she will attempt to negotiate an increase in child support and failing that bring another RFO; if the forensic determines that father’s income available for support does not exceed his stated income, she will take no further action.

Mother’s Child Support Guideline Calculations

Filed 9/16; assumes for father: one child with 0% time share for mother; he files Single and she files HH; self-employment income for father $6,732/mo and for mother “other taxable income” $264/mo; health insurance for father $485/mo; no child support add-ons; calculates child support at $1,085/mo.

The Court’s Conclusions

I do not have enough information to modify child support at this time; but father’s financial situation is in fact complicated and mother should ferret out what the facts are based upon professional advice; at the same time the Court is encouraged in what it perceives as real genuine efforts to reach an informed agreement; the fact remains, that the welfare of an infant is at the heart of this inquiry. At the same time I am charged with this case until the present issues are resolved.