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TS v. ES

Parties Responsible for Own Attorney Fees; Father May Claim Child on 2017 Income Taxes

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DECISION AND ORDER

*1  Plaintiff TS and defendant ES were married on June 6, 2009 and subsequently separated in July 2013. They have one child, LS (born August 8, 2008). On March 1, 2017, the Support Magistrate of the Family Court of Warren County issued an Order of Support whereby plaintiff pays child support to defendant in the amount of $141.98 per week.1 The Family Court of Warren County (Kershko, J.) then entered an Order of Custody on Consent on March 13, 2017 whereby the parties share joint legal custody of the child and defendant has primary physical custody, with substantial parenting time to plaintiff. This action for a no fault divorce was thereafter commenced on June 2, 2017. Presently before the Court is (1) defendant’s motion by Order to Show Cause for an Order awarding interim counsel fees in the amount of $2,000.00; and (2) plaintiff’s motion by Order to Show Cause for an Order awarding interim counsel fees in the amount of $2,000.00 and permitting him to claim the parties’ child as a dependent on his 2017 income tax return. Each motion will be addressed ad seriatim. Defendant’s MotionIn support of the motion, defendant contends that she is the non-monied spouse, as plaintiff earns $58,306.00 per year while she earns only $27,412.00.

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