JULIAN ABBEY v. LUCY ABBEY.

2006 Ct. Sup. 5995
No. FA94 031 47 34Connecticut Superior Court Judicial District of Fairfield at Bridgeport
March 29, 2006

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
MAUREEN D. DENNIS, JUDGE.

This matter comes before the court on the plaintiff’s motion to modify his child support obligations, [#115]. The motion was filed in April of 2005. The hearing was held on January 5, 2006.

The defendant was previously employed as a physician. In his motion to modify, he represents that he has been unemployed since June 28, 2004, reflecting income of $346.00 per month. His January 5, 2006 sworn financial affidavit reflects gross income of $90.00 per week from “VA disability”. His license to practice medicine in the state of Massachusetts, where he resides has been revoked, pursuant to his “voluntary” agreement not to practice medicine in the Commonwealth of Massachusetts. Prior to this time, he was an Emergency Room physician. His termination of employment and loss of license was due, at least in part, to his chemical dependency. In November of 2005, his license was summarily suspended, based upon some other new allegation[s]. The details of this investigation are not known to this court as the plaintiff claimed his 5th Amendment privilege regarding any details, as the matter was then “currently under litigation.”

After receiving treatment for his drug dependency, he last worked around the holidays of 2005, unloading produce. His efforts to find employment have included application for a night auditor position at a Red Roof Inn, and attempting to get work reviewing medical files, by circulating in excess of 50 resumes to attorneys involved in medical malpractice work.

Based upon the plaintiff’s current status, the court will grant a modification of the previous child support order. In considering this modification, the court is imputing a minimal earning capacity to the plaintiff, specifically additional net income of $250.00 per week. Accordingly the plaintiff shall be obligated to pay the sum of $63.00 per week as child support, CT Page 5996 effective as of January 5, 2006.

The plaintiff is under a continuing duty to find viable regular and steady employment. In that regard, he is to appear in court on Monday June 5, 2006 at 9:30 A.M. to provide evidence of his job search and employment status. The plaintiff shall bring with him all records of any income earned since January 5, 2006. CT Page 5997