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Jeffrey M. Ross v. Amy B. Ross.

MEMORANDUM OF DECISION MOTION FOR MODIFICATION

JULIA DICOCCO DEWEY, JUDGE.

By motion October 25, 2006 the plaintiff, Jeffrey Ross, requests a reduction in court alimony and child support. Additionally, he seeks relief from his obligation to provide medical insurance for his former spouse.

Based upon the testimony and evidence presented.

The plaintiff has established a substantial change of circumstances. He became unemployed since the date of the operative order, and has secured a position but not with a comparable pay. As a consequence, "continuation of the prior order would be unfair and improper." Gleason v. Gleason, 16 Conn.App. 134, 136 (1988). This inquiry has been limited to a comparison between the current conditions and the last court order." Crowley v. Crowley, 46 Conn.App. 87, 92 (1997); Gervais v. Gervais, 91 Conn.App. 840, 854 (2005).

Comparing the financial affidavits submitted at the time of the May 22, 2006 hearing with those presented at the instant hearing, the court finds a substantial difference. The motion is granted. This court orders that as of May 1, 2007, the plaintiff shall pay child support in the amount of $111 per week, an amount in accordance with current child support guidelines. There shall be no change in the alimony and COBRA payment requirements.

Absent statutory authority, this court cannot order a retroactive modification of the child support payments.

So ordered.

CT Page 6885

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ROSS v. ROSS, No. MMX FA-05-4001838 (May 1, 2007)
(May 1, 2007)