COLVIN v. McCORMICK, No. MMX-FA05-4003571 (May 19, 2008)

JULIA DiCOCCO DEWEY, JUDGE.

This matter comes before the court pursuant to Section 46b-231(n) of the Connecticut General Statutes as an appeal from a decision of the Family Support Magistrate dated April 4, 2008. The court, having reviewed the file, including a transcript of the proceedings before the Family Support Magistrate on April 4, 2008, and having considered the additional evidence of the appellant, hereby finds as follows:

That substantial rights of the appellant were prejudiced during the hearing before the Family Support Magistrate in that the decision was arbitrary and a clearly unwarranted exercise of discretion:

1. The Court refused to consider any credible evidence of the mandatory state and federal taxes paid by the appellant.

2. The court failed to consider the appellant's current income.

3. The court failed to require or consider evidence of earning capacity of either litigant.

4. The court failed to consider the facts that the litigants shared custody of their minor children.

5. The court failed to articulate any basis for the deviation from the child support guidelines.

THEREFORE, IT IS HEREBY ORDERED THAT:

The decision of the Family Support Magistrate is HEREBY REVERSED and HEREBY REOPENED. The matter is remanded to the Family Support Magistrate for further proceedings.

1. The Family Support Magistrate shall conduct a full and fair hearing to determine, an appropriate child support payment. CT Page 8514

CT Page 8515