2003 Ct. Sup. 4852
No. FA 02-0460598 SConnecticut Superior Court, Judicial District of New Haven at New Haven
April 16, 2003
Memorandum of Decision
GRUENDEL, JUDGE.
The plaintiff is seeking an order for child support for Marissa Berthiaume, born to the parties on May 15, 1999.[1] The principal question is how much the defendant earns. His testimony is totally unreliable to determine that question.
Since he left the parties’ residence in December 2001, he has paid virtually nothing toward the support of the child. He claims that his earnings have diminished. He is an electrical contractor with ten years of experience and has attained the highest degree of licensure in the field.
For the defendant, 2001 was the best business year he had in ten years, and he claims that business has declined since then. In a handwritten Schedule C he prepared but never signed or submitted for 2001, he indicated that his gross receipts were $385,966.00 and that his net profit after expenses and cost of goods sold was $15,421.00. That proposed return is totally incredible. He also caused a proposed Schedule C to be professionally prepared that year. It indicated gross receipts of $615,392.00, and net profits after expenses and costs of sales to be $133,979.00. While this form was not signed or filed, it is credible. Over a few months in 2002, he received checks totaling $53,958.52 payable to him personally just from one job. He cashed the checks in Riverside, Rhode Island, rather than depositing them to his business account or even a personal account, but he didn’t pay his suppliers for that job. That practice certainly reduces the cost of goods sold. During the period of January through May 2002, he paid employees besides himself and the plaintiff $52,671.65, according to his records. In addition, he paid the plaintiff more than $21,000.00 for that period for part-time work keeping his books and running his office.
His financial affidavit is also untrue. He shows gross income of $488.86 and net income of $362.50 weekly. However, his best paid employee earns $24.00 per hour regular time and $36.00 per week overtime. The CT Page 4853 defendant says he works seventy hours per week.
The court finds that the defendant’s actual earnings have not been proven, but that his earning capacity is $133,000.00 per year, gross, or $1,713.80 per week net. The plaintiff’s earnings are $1,344.00 per week gross, $744.00 per week net. If the defendant’s earnings were as he represented, the presumptive amount of child support would be $23.00 per week. The defendant has blocked both the plaintiff and his own attorney from being able to demonstrate his actual earnings. The child support deviation criteria of earning capacity will be applied. The defendant is ordered to pay child support of $250.00 per week, retroactive to April 22, 2002. There is an arrearage of $12,750.00, which will be paid at the rate of $25.00 per week. In addition, the defendant will pay 73.5% of unreimbursed medical expenses for the child.
The parties will within ten days select a date for a final hearing on custody.
Orders will enter accordingly.
BY THE COURT,
GRUENDEL, J.
CT Page 4854