Opinion
No. FA 05-4009243
May 24, 2006
MEMORANDUM OF DECISION
This matter was tried before the New Haven Judicial District, on February 10, 2006. There were post-trial memoranda and a stipulation concerning a trailer dated March 8, 2006.
Both the husband and wife testified. The court has considered all of the credible evidence presented to it and carefully considered the relevant statutory criteria for the orders.
The court makes the following findings of facts and orders: The parties were married in South Portland, Maine on July 26, 1980. The following minor child has been born to the parties since the date of the marriage: Alexa Norton, date of birth, December 14, 1989. The parties also have two adult children one of whom is under the age of twenty-three. One of the parties has resided in the State of Connecticut for more than one year prior to bringing this action. The court has jurisdiction. The marriage of the parties has broken down irretrievably and is hereby dissolved.
The parties are not receiving state assistance.
The Wife is 44 years old and in good health. She is a high school graduate. She is presently employed at Industrial Trucks in shipping and receiving. She earns $517 gross income and $434 net income per week.
The Husband is 45 years old and in good health. He is a high school graduate. He is employed by Anteon Corporation as a field engineer. He earns $1,096.00 gross income and $915.92 net income per week. The Husband also receives a Coast Guard pension in the amount of $352.00 a week. Of this amount, $50.69 is based upon a disability and $24.41 is an insurance premium. Defendant asserts that these amounts should not be considered income and that the net weekly pension amount of $276.90 should only be used in allocating the pension.
The parties have stipulated that, for the purpose of the dissolution, the marital home has a fair market value of $345,000.
This is a long-term marriage of almost twenty-six years. The wife assisted the husband in furthering his career. The husband's salary is approximately twice that of the wife. An award of alimony is appropriate considering the above.
FAULT:
The wife has claimed that the husband was overly aggressive both physically and verbally. The husband disputed this.
The parties stipulated that the wife was unfaithful. Moreover, the wife spent considerable time partying and away from the home.
The court finds that the fault of the breakdown of the marriage should be attributed to a greater extent to the wife.
ORDERS:
The court has considered all the evidence presented by the parties and the relevant statutory criteria and enters the following orders:
1. PARENTING PLAN
Child Custody. As agreed upon by the parties, the parties shall have joint legal custody of the minor child and shall confer upon all major decisions affecting the child. The husband shall have physical custody of the child subject to the reasonable, liberal and flexible visitation rights of the wife. The visitation shall be not less than every other weekend from Friday afternoon until Sunday evening and all major holidays and the child's school vacations shall be alternated between the parties.
Visitation. Wife shall have at least one dinner hour visitation per week, with minor child, each of no less than three hours duration. In addition, she shall have visitation every other weekend from after school Friday, until Sunday at 8:00 p.m.
Holidays shall be alternated between the parties. Recognized holidays for purposes of this judgment, are:
Memorial Day
July 4th
Labor Day
Columbus Day
Veteran's Day
Thanksgiving
Christmas Eve
Christmas Day
New Years Day
Good Friday
Easter
The wife shall also have the child on Mother's Day and wife's birthday. The husband shall also have the child on Father's Day and on husband's birthday.
Each party shall be allowed up to two weeks vacation every year with the child. The parties are mindful of the need to take much of their respective vacation time, if exercised, with the child while she is out of school during the summer.
The husband shall inform the wife, in writing, of the weeks he wishes to take during each summer, May 1st of that year (by June 1st of this year). If the husband wishes to take some of his vacation time with the child at other than times during the year, other than the summer, thirty days written notice to the wife prior to the scheduled vacation time will be required.
The wife shall provide thirty days written notice to the husband of each block of vacation time she intends to take with the child so that all concerned schedules may be adjusted.
The parties will cooperate to adjust the scheduling as may be necessary to accommodate the holiday schedule, mother's day, father's day, vacations and their respective birthdays. Holiday/special event/vacation scheduling takes priority over the "regular" visitation schedule However, a party may not take the child away on vacation over the other parent's scheduled holiday without the other parent's permission to do so. For purposes of example only, the wife could not take the child to Florida for the week of Christmas, without the husband's permission, because of necessity each year, the wife will have either a Christmas Eve or Christmas Day visitation time with the child and taking her away over that entire holiday would deprive her of her said scheduled holiday time.
Each party shall always and at all times act in the best interest of the child and shall not expose the child to any dangerous or deleterious activities. Each party shall encourage the child to have a positive relationship with the other parent and shall accommodate the child, to the extent possible, to encourage the child to continue a warm and loving relationship with the other parent.
Both parties shall have full access to all school and medical records of the child, and both parties shall be notified and shall be allowed to participate in all school meetings with teachers and school support staff. Each party shall have the right to receive copies of all reports issued by any such teacher or school in accordance with Connecticut General Statutes § 46b-56(e).
The parties shall be entitled to participate with and attend special activities in which the minor child is engaged such as, but not limited to, religious classes, sporting events and other extracurricular activities and programs and important social events in which the minor child is involved, and the husband and the wife shall each give the other reasonable notice of such events. The parties shall, during their respective parenting time, make every reasonable effort to ensure that the child continues to attend all such scheduled activities.
When the minor child is with one party, the other party shall have reasonable telephone contact with the minor child.
If either parent has any knowledge of any illness or accident or other matters seriously affecting the well-being of the child, he or she shall promptly notify the other of such circumstances and, except in emergencies, shall not take any action without consulting the other.
The right to have contact with and access to the minor child is the right of each party. Failure to exercise such right on any particular occasion shall not be deemed nor construed to be, nor constitute, a waiver of the party's right thereafter to full compliance of any of the terms of this agreement.
Each party shall provide their current address and telephone number to the other and when either party goes on vacation or is otherwise absent from home for 3 or more consecutive days that party shall notify the other of his or her address and telephone number so that they may be contacted in the event of an emergency.
Should either party either relocate outside the general present location, he or she shall provide the other with not less than 90 days written notice of such intent.
2. CHILD SUPPORT
The wife shall pay child support in the amount of $78.00 per week effective immediately. This child support order is to be paid by an immediate wage execution.
3. ALIMONY
The husband shall pay the sum $175.00 per week to the wife as alimony for the period of five years. Alimony shall terminate upon:
a.) The death of either party;
b.) The wife's remarriage; or
c.) The wife's cohabitation pursuant to statute.
This alimony order is to be paid by an immediate wage execution.
4. MARITAL HOME
The husband shall have exclusive possession of the property known as 419 Laurel Street, East Haven, Connecticut within thirty days hereof. The property shall be placed upon the market for sale in June 2007 and the net proceeds thereof after the deduction of usual and customary expenses shall be equally divided between the parties.
5. 401k
As of the date of the judgment, from the date of the marriage, the husband shall assign to the wife 50% of the value of his 401k. A QDRO shall be prepared, if required. The cost of the QDRO shall be shared equally by the parties.
6. COAST GUARD PENSION
The wife shall receive 40% of the husband's Coast Guard pension as it existed on the date of the filing of this action (not including disability payments and insurance and survivorship premiums), by garnishment.
The husband shall name the wife as a survivor beneficiary for her share and shall elect a survivor benefit plan which shall continue her share upon the husband's death. She shall receive all cost of living and other adjustments to her share that may become due. The wife shall prepare the pension division order and the husband shall cooperate in providing any relevant documentation that is otherwise not available to the wife.
This court shall retain jurisdiction over these Coast Guard pension orders until such time as the husband makes the election and the garnishment is in place and implemented per the order of the court.
7. MOTOR VEHICLES
The husband shall be entitled to the 2002 Avalanche truck and the wife shall be entitled to the other cars listed on the financial affidavits. The parties shall be solely liable for all outstanding loans, taxes, insurance and registration for their respective vehicles.
8. TRAILER
Pursuant to a stipulation dated March 8, 2006, the parties agreed that the husband shall have full ownership of the 2002 Keyline twenty-six foot travel trailer ("trailer"). The husband shall be solely liable for the unpaid balance for the trailer and the wife shall be held harmless and indemnified from any and all debt, charges and liabilities heretofore or hereafter associated with the ownership of the trailer.
9. POST-SECONDARY EDUCATION
The court shall retain jurisdiction for educational support orders for children under age twenty-three.
10. ATTORNEYS FEES
Each party shall pay his or her own counsel fees.
11. HEALTH INSURANCE
The wife shall obtain health insurance benefits through her employment if available. If, not available, she may elect under the husband's military pension program to continue the health insurance for a period up to eighteen months. She is responsible to duly make the election and the husband shall provide her with any requested required forms. The wife shall be responsible for any additional cost for her coverage.
The husband shall provide medical and dental insurance for benefit of the minor child, if it is available through his employer, at reasonable cost.
The parties shall share all unreimbursed medical and dental costs for their minor child, in accordance with the Child Support Guidelines. This order incorporates C.G.S. Sec. 46b-84(e).
12. DEBTS
Each party is responsible for their debts listed on their respective financial affidavits.
13. PERSONAL PROPERTY
The parties have divided their personal property to their mutual satisfaction.
14. ASSETS
The parties shall retain as their sole property any bank accounts listed on their respective financial affidavits.
15. LIFE INSURANCE
The husband shall provide term life insurance, as available through his employment, in the face amount of $100,000, which money is to be for the benefit of the children in the event of the husband's untimely death. The insurance shall remain in effect until the youngest child reaches age twenty-two (22), which would be the anticipated age of completion of any post-secondary education. The children shall be named as irrevocable beneficiaries of the policy with proof provided to the wife on an annual basis.
16. TAX EXEMPTION
The husband shall claim the minor child as a tax exemption.