2003 Ct. Sup. 11446
No. FA02-0098880Connecticut Superior Court, Judicial District of Middlesex at Middletown
October 10, 2003
MEMORANDUM OF DECISION
DUBAY, JUDGE.
By complaint dated July 1, 2002, the plaintiff husband, Mark Dunn, commenced this action seeking a dissolution of the marriage on ground of irretrievable breakdown as well as joint custody of the parties’ minor child, primary residence of the parties’ minor child, visitation schedule, sale of the marital residence, an equitable division of the marital assets, and such other relief as the court deems fair and equitable. The defendant appeared by counsel on July 30, 2002 and filed an answer and cross-complaint together with a prayer for relief essentially mirroring the request made by her husband. Pursuant to an earlier order of the court (Robinson, J.), the complaint was dismissed. Judge Robinson further ruled that the “cross-complaint filed by the defendant on July 31, 2002 remains pending. Therefore, the dissolution may proceed on the cross-complaint only.” The parties appeared at trial with counsel on September 30, 2003 and presented testimony, financial affidavits, a partial stipulation and proposed orders.
The court, after hearing and reviewing the evidence, finds the following facts.
The defendant, whose maiden name was Rose, and the plaintiff were intermarried on September 24, 1988 in New Britain, Connecticut. She resided continuously in this state for more than one year before the filing of her cross-complaint. All statutory stays have expired, and this court has jurisdiction. Shaina Rose Dunn, born on February 15, 2000, is issue of this marriage and is a minor child. No other minor children have been born to the defendant-wife since the date of the marriage of the parties and no child is expected at this time. The court further finds that no state or agency is contributing, or has in the past, contributed to the support of the parties.
The wife is forty-seven years old, and a high school graduate. At the time of her marriage, the defendant was employed in a clerical capacity by a construction company in East Hartford. During the course of the CT Page 11447 marriage, and with her husband’s support she attended and graduated from hairdressing school. After employment at two different salons, she, again with her husband’s assistance, built her own salon in the marital residence. The construction of the home business cost approximately $4,000.00. Her customer base numbers approximately 140. She sees 15-20 customers a week. Additionally, she cleans the home of one of her customers to pick up some extra income.
The husband, who married and divorced once before, is forty-eight years old and also a high school graduate who attended some college. He has worked for the last twenty-five years for the Hartford Courant as a senior customer service representative.
The parties had great difficulty in conceiving a child. Ultimately they were successful at invetro fertilization. Finances were very tight. Household expenses left for few, if any, extravagances. There came a time, when the husband decided the marital residence should be sold. He thought that the expense associated in maintaining the residence was more than the family could afford and, in any case, more than he wished to spend. He and the wife did some house hunting together. It was thought that the wife could maintain her customers if the family was to relocate within East Hampton. Ultimately, the parties were unable to agree on the sale of the marital residence and the purchase of a new home. This action was hard on the heels of that disagreement. As a result of the parties’ inflexibility and unwillingness to compromise, the family finances that existed earlier will now have to support two suitable households for the comfort and care of their daughter, Shaina.
The allegations of the cross-complaint are proven and are true. The marriage is broken down irretrievably, and the court will dissolve the marriage based upon that irretrievable breakdown. The court, in entering its orders, considers the provisions of the Conn. Gen. Stat. Sections 46b-40, 46b-56, 46b-56c, 46b-61, 46b-81, 46b-82, 46b-84 as well as other statutes relevant to the issues presented. The court enters the following orders:
1. CUSTODY VISITATION
Parties shall have joint legal custody of the minor child, Shaina Rose Dunn (d.o.b. February 15, 2000), who is residing primarily with the defendant. Reasonable rights of visitation awarded to the plaintiff which will be exercised according to the current parenting schedule pending the evaluation being performed by Family Relations. Said custody and visitation orders are temporary orders pending completion of the Family Relations office study, hearing, and further order of the court. CT Page 11448
2. CHILD SUPPORT
Father shall pay child support in the amount of $118.00 per week which the court finds is in compliance with the child support guidelines. If the minor child reaches the age of eighteen and is still a full-time high school student, then the child support shall be paid until she reaches the age of nineteen or graduates high school, whichever event occurs first.
3. POST MAJORITY EDUCATIONAL SUPPORT ORDER
The court shall retain jurisdiction for the purposes entering an educational support order, post judgment pursuant to Conn. Gen. Stat. Section 46b-56c.
4. MEDICAL INSURANCE, HEALTH AND CHILDCARE EXPENSES
The plaintiff/father shall maintain health insurance for the benefit of the parties’ minor child. The parties each shall be responsible for fifty percent of all uninsured, unreimbursed medical, dental, psychological, orthodontic, optical, surgical, hospital, psychiatric, nursing and prescriptive expenses of the minor child. Said order is in compliance with the child support guidelines. No orthodontic or elective surgery expense shall be incurred without the prior consent of both parties, which consent shall not be unreasonably withheld. Should the defendant/mother incur childcare expenses in the future, the plaintiff/father is ordered to make a childcare contribution in accordance with the guidelines on a 50/50 basis.
5. TAX EXEMPTIONS
The parties shall alternate taking the minor child as a tax exemption for purposes of state and federal income tax. The plaintiff/father shall take it in the odd number years and the defendant/mother shall take it in even number years.
6. REAL PROPERTY
The parties’ marital property located on Jacobson Farm Road in East Hampton, Connecticut shall be listed for sale immediately at a mutually agreeable price with a mutually agreed upon agent. The defendant shall maintain and be responsible for payments of the mortgage, taxes and insurance on the house until it is sold. After payment of the first and second mortgage and all customary closing costs, the defendant/wife shall CT Page 11449 receive the first $32,000.00 of the net proceeds with the remainder split fifty-five percent to her and forty-five percent to the plaintiff. The $32,000.00 represents the premarital contribution, the possibility of rebuilding a salon, and the discrepancies in both retirement accounts and weekly earnings. The court retains jurisdiction for purposes of effectuating the order regarding real estate.
7. PERSONAL PROPERTY
The parties shall divide the personal property in the marital home, with the husband retaining the items listed on Schedule A attached.
8. LIFE INSURANCE
Both parties shall maintain their current life insurance for the benefit of the minor child.
9. STOCKS, BONDS/MUTUAL FUNDS
The assets listed under Section B stocks, bonds, mutual funds, on the plaintiff’s financial affidavit dated September 30, 2003 shall be divided equally.
10. PROFIT SHARING
The profit sharing plan listed on the plaintiff’s financial affidavit, value of $50,676.11 is awarded to the plaintiff free and clear of any claim of the defendant.
11. IRA
The defendant’s IRA of approximately $20,000.00 is awarded to the defendant free and clear of any claim of the plaintiff.
12. HARTFORD COURANT PENSION
Plaintiff/husband shall transfer by way of a qualified domestic relations order thirty percent of his Hartford Courant pension listed on his financial affidavit as Fidelity Net benefits, valued as of the date of dissolution. The defendant’s attorney is to prepare the QDRO. This court will retain jurisdiction to effectuate this transfer as well.
13. FIRST USA DEBT
The plaintiff/father shall pay the amount of $1,800.00 of the First USA CT Page 11450 debt within thirty days of the judgment. Each party shall be responsible for those other debts as listed on their respective financial affidavits.
KEVIN G. DUBAY JUDGE OF THE SUPERIOR COURT
SCHEDULE A
The parties agree that the plaintiff shall be entitled to the following items of personal property:
Rugs from attic
Sleeper sofa and matching chair
Two TVs and one VCR and TV stand
All of the aquarium equipment
Computer and computer table
One-half of the small appliances and dishes
One-half of the hampers
Coffee and 2 end tables
The contents of the second bedroom and bedroom set including the night stands, 2 men’s armoires, bureau and _____ (indecipherable by the court)
Upright vacuum
Patio furniture set
Two bamboo chairs and table
One-half of linen and towels
One-half storage units, bar chairs and small refrigerator
One-half tools, and half table and chairs from cellar and green machine
Small ladder, one-half shovels, garden tools and other CT Page 11451 tools
Outdoor grill, jeep, one-half wooden lawn ornaments
CT Page 11452