Modification Appeal Lacks Sufficient Medical Documentation
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Child Support Health Care
Summary: Blog post about a modification appeal that was denied due to a lack of medical documentation.
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.
A father’s motion for downward modification of child support was denied, because the father’s reasons for “financial hardship” lacked any documented support for the substantial costs incurred from caring for the children.
The parties married in 1980. During the course of their marriage, they had two children. On November 4, 1998, the Supreme Court of the State of New York rendered judgment for divorce, that would have the plaintiff father pay $15,000 annually per year for the maintenance of the defendant wife, who had primary custody of the children. On January 15, 1999, custody was transferred to the plaintiff. On March 30, 2000, the court “found that the plaintiff had failed to pay maintenance for three and a half months. In May, 2000, the defendant was charged with sexual abuse in the second degree and endangering the welfare of a child. The defendant was convicted on these counts.
The plaintiff filed a motion for modification of income with the Connecticut court. He alleged that his income had declined since obtaining sole custody. He further claimed to have incurred substantial medical costs for the care of his child. The trial court granted this motion. On appeal, the court found that the plaintiff’s motion lacked adequate support to prove that the plaintiff had suffered substantial financial hardship. Rather, evidence appeared to indicate to the contrary. While no medical records were submitted in support of the plaintiff’s claim, his income statements showed he had inherited more than $330,000 in benefits. While the unfortunate conviction may have bearing on the plaintiff’s hardship, the court found that it in no way elevated the plaintiff’s financial plight to one of extreme hardship.
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: Reichert v. Bronson, 968 A.2d 434, 2009 Conn. App. LEXIS 145 (Conn. App. Ct. 2009)
