Opinion
No. FA 05-4018463
June 25, 2007
MEMORANDUM OF DECISION
By complaint dated November 2, 2005, the plaintiff, Heather P. Boyne, commenced this action seeking a dissolution of marriage on the grounds of irretrievable breakdown and other relief. The defendant appeared through counsel. Both parties appeared with counsel on October 3rd and 4th, 2006, November 1, 2006 and March 1, 2007 and the plaintiff proceeded on her complaint. The parties presented testimony and introduced documentary evidence. The court, after hearing the testimony and reviewing the exhibits and proposed orders, makes the following findings of fact.
The court has jurisdiction. All statutory stays have expired. The allegations of the complaint are proved and true.
Judgment shall enter dissolving the marriage on the grounds of irretrievable breakdown.
The parties were married on September 21, 1991 in Saratoga Springs, New York. They have been separated for a period of time. They met in 1989 at a fundraiser in Saratoga Springs. The defendant was in the process of leaving the U.S. Navy. The parties moved to Illinois where their first child was born. They lived in a number of states basically following the defendant's employment as a professional engineer. For a while they lived with the plaintiff's parents in New York. Their second child was born in New York and their third and fourth children were born in Connecticut. In total, the parties and their children moved 11 times as a result of the defendant's frequent changes of employment. The plaintiff lives in the marital home at 7 Sulky Drive in Glastonbury, Connecticut. The defendant has moved to the State of Maryland.
The defendant's relationship with his children has deteriorated to the extent that by agreement and court order the plaintiff has sole custody of the children and the defendant has visitation only at the discretion of the plaintiff.
The mood in the home was dark and depressed. The defendant had substantial mood swings. Extensive counseling failed and ultimately the defendant stopped going whereas the plaintiff continues to go. The plaintiff finally felt that the marriage had broken down irretrievably and filed the present summons and complaint in November of 2005.
During the pendency of this action the parties appeared in court a number of times on pendente-lite matters. The defendant's hostility was palpable. The court released the original guardian-ad-litem because she felt she was in fear of her safety by the defendant. The successor guardian was also released because of the failure of the defendant to cooperate. A family court judge was concerned because the defendant had attempted to obtain her home address.
The court finds that the defendant is the primary cause for the breakdown of the marriage. The court further finds that the defendant has an earning capacity of $100,000 per year. The plaintiff's earnings are reflected on her financial affidavit. She has made good faith efforts to keep her family on an even financial footing by continuing her employment and receiving financial assistance from friends. She also plans to continue her education to improve her chances of increasing her employment income. On the other hand the defendant has had many employment changes and has either voluntarily resigned or been terminated for cause.
The court has considered all of the statutory factors concerning custody and visitation set out in Connecticut General Statutes Secs. 46b-56 and 46b-56a. The court has further considered all of the factors in Connecticut General Statutes Secs. 46b-81, 46b-82 and 46b-62 and other pertinent statutes, earnings and earning capacity differentials, causes for the breakdown of the marriage and the consequences of the financial awards set forth below. It is ordered that:
1. Alimony
The defendant shall pay to the plaintiff periodic alimony of $400 per week from the date of judgment and continuing for one (1) year. For the following seven (7) years, the defendant shall pay periodic alimony of $350 per week. For federal, state and local income tax purposes said alimony shall be includable in the income of the plaintiff and be deductible by the defendant. Said alimony shall be non-modifiable as to term but shall terminate sooner upon the death of either party or the remarriage of the plaintiff. Further, Section 46b-86(b) of the Connecticut General Statutes shall apply. Said alimony shall be by contingent wage execution.
2. Parenting Plan
The plaintiff shall have sole custody of the parties' four minor children. The defendant shall have no visitation with the minor children, except at the discretion of the plaintiff and initiated only by the plaintiff.
3. Child Support
The defendant shall pay to the plaintiff weekly child support in the amount of $390. In addition, the defendant shall pay 59% of all unreimbursed medical expenses and reasonable and necessary daycare expenses. Section 46b-84 of the Connecticut General Statutes shall apply.
4. Educational Support Orders/Educational Accounts
The court shall retain jurisdiction pursuant to Connecticut General Statutes Section 46b-56c to enter an order of educational support upon the future application of either party. Each party shall provide financial information as required in a timely manner for financial aid applications and student loan applications by the children.
The plaintiff shall maintain the existing Section 529 accounts for the benefit of Patrick, Andrew and Brian. At the time of trial, Patrick's account had approximately $77,000, Andrew's $52,000 and Brian's $13,900. The defendant shall immediately transfer custodianship of these accounts to the plaintiff. The plaintiff shall also maintain the existing Educational IRA accounts for the benefit of Patrick, Andrew, Brian and Julia. Approximate balances in these accounts at the time of trial were as follows:
Patrick, $2,830; Andrew, $2,830; Brian, $2,830 and Julia, $1,794. The defendant shall immediately transfer custodianship of these accounts to the plaintiff.
5. Tax Exemptions
For federal, state and local income tax purposes commencing with the tax year 2006 the plaintiff shall be entitled to claim Patrick and Andrew and the defendant shall be entitled to claim Brian and Julia. The plaintiff shall sign Internal Revenue Service Form 8332 on an annual basis to enable the defendant to claim the exemptions. Commencing with the calendar year 2007 and thereafter the defendant shall not be entitled to such exemptions if his gross income from employment is less than $25,000. When Patrick is no longer an eligible dependant, the plaintiff and the defendant shall each claim one child and alternate Julia as a dependent. When Andrew is no longer an eligible dependent, the parties shall each claim one child. When Brian is no longer an eligible dependant, the parties shall alternate claiming Julia. At the end of any calendar year in which the defendant is not current with his alimony and support payments he shall not be entitled to claim any of the children as dependants.
6. Real Estate-marital residence
The defendant shall, within 30 days of judgment quitclaim all of his right, title and interest in 7 Sulky Lane, Glastonbury, Connecticut to the plaintiff. The quitclaim deed shall be prepared by plaintiff's counsel and forwarded to defendant's counsel for execution. If the defendant fails to execute and return said deed the plaintiff may request an order transferring the property to her without any action necessary on the part of the defendant. The plaintiff shall assume and pay the existing first mortgage and hold the defendant harmless thereon. The plaintiff shall use her best efforts to refinance the existing first mortgage and remove the defendant's name from said mortgage so long as the refinance shall not increase the plaintiff's monthly payment or the balance of the mortgage. For the calendar year 2006 and thereafter the plaintiff shall be entitled to the income tax deductions for interest payments on the existing mortgage, property taxes and any other related deductions.
7. Automobiles
Each of the parties shall retain their own automobiles free from any claims of the other.
8. Personal Property
The plaintiff shall retain all personal property in her possession free from any claims of the defendant. However, should the defendant have any clothing, personal effects or documents remaining at the marital residence he may make arrangements, at his expense, to have them shipped to him. If such request is not made within 30 days of judgment then he shall forfeit any further claims to such property.
9. Bank Accounts
Each of the parties shall retain their own bank accounts. Any joint accounts shall be divided equally.
10. Stocks, Bonds, Mutual Funds and Deferred Compensation
The defendant shall transfer to the plaintiff $80,000 of his IRA within 30 days of judgment. The plaintiff shall retain her IRA, her Roth IRA and her TIAA-CREF accounts free of any claims of the defendant. The joint mutual funds at Merrill Lynch shall henceforth belong solely to the plaintiff.
12. All Other Assets
Any assets remaining not otherwise addressed in these orders shall remain the sole property of the party in whose name the asset is titled except any remaining jointly owned assets shall be equally divided between the parties.
13. Liabilities
Each of the parties shall be responsible for any and all liabilities listed on their respective financial affidavits and indemnify and hold the other harmless therefrom with the exception of the joint USAA debt, which the defendant is ordered to pay in full, and shall indemnify and hold the plaintiff harmless
14. Counsel Fees
The defendant shall pay to the plaintiff the sum of $15,000 counsel fees within 30 days of judgment.
15. Bankruptcy
The forgoing orders of the court are all interrelated. Accordingly, it is hereby further ordered that all of the obligations of this judgment are in the nature of support and shall not be dischargeable by either party in the event of a bankruptcy filing.
16. Security
Within 30 days of judgment, to secure the payment of alimony and support for a period of one year, the defendant is ordered to either purchase a bond from a surety company or post a similar sum in the form of cash into an escrow account approved and monitored by the plaintiff.
17. Life Insurance
The defendant is ordered to maintain term life insurance on his own life in the amount of $500,000 naming the plaintiff as primary irrevocable beneficiary for her benefit and the benefit of the children until all orders for child support, alimony and payment of the USAA debt are paid in full. The defendant may reduce the coverage commensurate with his remaining obligations but prior to any reduction he must first give the plaintiff 30 days written notice. If the plaintiff disputes the proposed reduction the defendant shall refrain from doing so until the matter is resolved. The defendant shall provide evidence of such coverage on an annual basis.
18. Financial Information
On an annual basis each of the parties shall exchange a signed copy of their federal income tax returns.