2004 Ct. Sup. 17599
No. FA 04-0735441Connecticut Superior Court, Judicial District of Hartford at Hartford
November 19, 2004
MEMORANDUM OF DECISION
PRESTLEY, JUDGE.
By complaint dated February 17, 2004, the plaintiff wife commenced this action seeking a dissolution of marriage on the ground of irretrievable breakdown and other relief. This court entered temporary orders on September 24, 2004, of $400.00 per week to be paid by the defendant to the plaintiff and ordered that the mortgage continue to be paid out of the Morgan-Stanley stock account. On that date, the parties entered an agreement with respect to a custody and parenting plan, leaving only financial issues to be resolved by this court.
Findings of fact
The plaintiff, whose name prior to the marriage was Katia Saroufim, was married to the defendant on January 24, 1993 at Harfarde, Lebanon. The parties have been residents of Connecticut for at least one year prior to the filing of this complaint. All statutory stays have expired. Three children have been born to the parties since the date of the marriage: Rita Abou-Francis, born June 16, 1994; Anthony Abou-Francis, born December 27, 1996; and Anna Abou-Francis, born November 8, 2001. No state or municipal agency has or is contributing to the support of the parties or their minor children.
The plaintiff is 37 years of age. She spent three years in college in Lebanon. Those credits are not transferable in the United States. She is currently a resident alien and plans to apply for citizenship. She taught school in Lebanon and worked full-time when she was single. After the marriage, the defendant wanted her to stay at home raising the children. Their marriage was an arranged marriage. During the first five years of the marriage, she had no friends and had to do whatever her husband told her to do. She has been a homemaker and earns no salary. CT Page 17600
After the couple made a trip to Lebanon for two months, the defendant was no longer happy. Although they engaged in therapy, problems continued to occur and the defendant took away the plaintiff’s credit card, her cell phone and her checkbook. The defendant is 45 years of age. The last six years of the marriage were very troubled. The defendant demanded sex from the plaintiff every night and when she refused, she was accused of having affairs. The defendant became increasingly controlling and selfish, wielding money as a weapon. The defendant conceded that he has tape-recorded the plaintiff’s telephone calls. She has been followed by the defendant’s family, at his instigation. There is currently a restraining order in effect.
The defendant’s employment history has been somewhat scattered. He was employed by Parts Tool and Die Co. for seven years where he worked 55 hours per week earning $28.00 per hour. He was fired from that job. He believes that the plaintiff was having an affair with his boss. The court does not find this claim credible. He has a potential lawsuit against Tool and Die unrelated to his allegations.
He is currently employed by the Marok Corporation and nets a weekly salary of $797.00. He also receives rental income from the Kensington Avenue property in the amount of $1,500.00 per month. After allowable deductions, that property provides additional net income of approximately $150.00 per week. His total net income is approximately $950.00 weekly.
There are several properties to be distributed in this case. The 157 Kensington Ave. house is a 2-family, 3-floor property. It has been appraised by Joseph Kauflin at $156,000.00. Mr. Kauflin has conducted over 250 appraisals and his method of valuation in this case was a sales comparison analysis. There is currently a mortgage owed on this property of $60,000.00. This property was originally purchased by the defendant in 1988 for $107,000.00. At the time of the marriage, according to Mr. Kauflin, the property had a value of $117,000.00. Many improvements have been made to this property since the date of the marriage. It is now fully rented and generates income of $1,500.00 per month. Over the years, the plaintiff has been very involved with managing this property. She has dealt with tenants, addressed repair problems, and collected rent. The defendant has a premarital investment of $10,000.00 on this property.
The parties also own a home in Suffield, Connecticut. They CT Page 17601 built a new home on land that was purchased by the defendant who would not put the plaintiff’s name on the title. The plaintiff oversaw the building of the house and worked there from 9:00 a.m. to 3:00 p.m. This is a 4400 square foot house where the plaintiff currently resides with the children. It is presently on the market for $750,000.00.
The defendant also owns property in Lebanon, but the court is not clear on the marital value of his share of this property.
The plaintiff owns an IRA worth approximately $1,755.00. The defendant owns a 401K and an IRA as well. Both parties have life insurance in effect on their lives in the amounts of $1,000,000.00 on the defendant’s life and $500,000.00 on the plaintiff’s life. The defendant owns a lathe which he purchased for $35,000.00 and which has a value of at least $10,000.00.
The court has considered all of the testimony and exhibits entered at trial as well as the factors set forth in Connecticut General Statutes §§ 46b-81, 46b-82, 46b-84 and 46b-62 and other pertinent statutes, the parties’ earnings, and earning capacity differentials, and the consequences of the financial awards set forth below.
Judgment shall enter dissolving the marriage of the parties on the ground of irretrievable breakdown. It is further ordered that:
1. Custody
There is no dispute over the children’s custody. The parties have entered a custody/parenting agreement which shall be incorporated by reference into the dissolution judgment.
2. Financial orders
In fashioning these orders, the court has again considered the statutory requirements:
a. Child Support
Pursuant to Connecticut Child Support guidelines, and upon review of testimony and exhibits, the husband shall pay to the wife, $340.00 per week for the support and maintenance of the minor children. The CT Page 17602 husband shall also be responsible for 60% of any employment-related childcare expenses.
b. Medical Insurance and Unreimbursed Expenses
The defendant shall continue to provide health insurance benefits for his children so long as they are eligible, as available through his place of employment and at reasonable cost to him. He shall continue to provide health insurance for the benefit of the plaintiff so long as he is able to under Massachusetts law at no additional cost to him. In the event the defendant remarries, the plaintiff shall secure her own health coverage. The husband shall be responsible for providing medical and dental insurance for the benefit of the minor children as available through his place of employment and at reasonable cost to him. He shall be responsible for 60% of any unreimbursed medical, dental, optical or orthodontic expenses for the children.
c. Asset Distribution
1. The defendant shall retain the Kensington Avenue property and all of its income generated. If the plaintiff is named on the title to the property, she shall quitclaim all her right, title and interest in that property to the defendant. The defendant shall hold the plaintiff harmless from any duties or obligations with respect to that property. If the plaintiff is listed on the mortgage note, the defendant shall refinance that property to remove the plaintiff’s name within a period of 3 months.
2. The defendant shall retain his share of his family property owned outside of this country in Lebanon.
3. The Suffield, Connecticut property shall be sold. The plaintiff shall receive $48,000.00 out of the net proceeds to compensate her for her share of the Kensington Road property. The Monogram Credit Card shall then be paid in full from the remaining net proceeds. Thereafter, the plaintiff shall then receive 55% of the remaining net proceeds; the defendant shall receive 45% of the net proceeds.
4. The defendant shall retain his lathe. The plaintiff shall retain the furnishings in the marital home with the exception of CT Page 17603 any family items owned by the defendant, any premarital property owned by the defendant and his bedroom set.
5. The defendant shall retain his 401K and his Morgan Stanley IRA account. The plaintiff shall retain any remaining funds in the Morgan Stanley stock account, and her Morgan Stanley IRA account. The parties shall equally divide any checking or savings account balances.
6. Each party shall retain their own motor vehicles and do the appropriate transfers of title if necessary.
d. Alimony
The defendant shall pay to the plaintiff $180.00 per week in periodic alimony for a period of six years. The plaintiff is expected over the next few years to return to school or training in order to reenter the work force. This order is modifiable as to amount only upon the death of either party, remarriage or cohabitation as defined by statute of the plaintiff or a substantial change in circumstances.
e. Taxes
The defendant shall claim two children and the plaintiff shall claim one child as dependants for income tax purposes unless the plaintiff is earning in excess of $20,000.00 per year. In that event, the parties shall share the exemptions equally.
The parties shall exchange income tax returns annually by June 1st of each year.
f. Life Insurance
The parties shall each maintain a minimum of $500,000 of life insurance for the benefit of the minor children. The defendant shall pay the premiums on both policies until the plaintiff is working full time.
g. Miscellaneous financials
The defendant shall pay to the plaintiff $1,000 on August 1st of each year to provide for children’s activities and school necessities. CT Page 17604
3. Liabilities and Debts
The defendant shall be responsible for any debts owed to his family.
4. The plaintiff’s maiden name of Katia Saroufim shall be restored to her.
Prestley, J. CT Page 17605