2011 Ct. Sup. 13597
No. FA10 403 35 89Connecticut Superior Court Judicial District of Fairfield at Bridgeport
June 22, 2011
MEMORANDUM OF DECISION
OWENS, J.T.R.
The plaintiff and the defendant, whose birth name was Kendall Davis, intermarried at Greenwich, CT on October 12, 1990. The Court has the requisite jurisdiction. There are four children issue of the marriage, Mina Deorio, born April 8, 1994; twins, Haley and John, both born on May 14, 1997 and Samuel, born September 7, 2002. Mina is a special needs child and is in a private school that serves the disabled.
This is a case that presents a myriad of problems. The plaintiff claims serious health problems and has had numerous hospitalizations. He is only 51 years old while the defendant is 46. The parties have recently been through bankruptcy proceedings and the marital home value is exceeded substantially by its debt.
Orders
The Court has considered all of the criteria set forth in Connecticut General Statutes § 46b-81 and 82 as well as the parties’ assets, liabilities, income and expenses.
1. The marriage has broken down irretrievably and is dissolved.
2. The parties have submitted a well thought out parenting plan marked “Court Exhibit A”) that is approved by the Court.
3. Alimony
Husband shall pay to the wife $225 each week in lifetime alimony or until the wife shall remarry, either party shall die or if she shall live together with a person of the opposite sex in such a way as to affect her household income as per statute § 46b-86(b). Commencing September 1, 2015, the husband shall pay to the wife $175 per week in lifetime alimony or until the wife shall remarry, either party shall die or if she shall live together with a person of the opposite sex in such a way as to CT Page 13598 affect her household income as per statute § 46b-86b(b). The terms shall be nonmodifiable, except as outlined above. Wife shall have a “safe harbor” of $50,000 per year (gross).
4. Child Support
Pursuant to the Child Support Guidelines the plaintiff shall pay child support on a weekly basis in the amount of $285.00. The child support shall terminate when the youngest child becomes 18 or is still in high school until he is 19 unless sooner emancipated.
5. Property and Debts
Defendant is awarded the Ford Winstar, the personal property listed on her financial affidavit (c), her deferred compensation plan and her checking account. Plaintiff shall retain his truck, equipment, tools, etc as well as his savings and checking account reflected on his affidavit dated June 13, 2011.
6. Because of the plaintiff’s limited funds and health problems no life insurance shall be required.
7. On or before April 15 of each year as long as an alimony or support obligation exists both parties shall exchange copies of tax returns for the prior year.
8. Taxes and Liabilities
Plaintiff shall be responsible for any and all tax liens on the parties’ existing real estate and shall save the defendant harmless for any claim thereon. Each party shall be responsible for the debts on their respective affidavits. Any income tax obligations through the tax year 2010 shall be the responsibility of the plaintiff.
9. Attorney Fees
Each party shall be responsible for their respective attorney fees.
Court Exhibit A PARENTING PLAN
In their wish to keep their children, Mina Kathryn Deorio, born April 8, 1994, John Michael Deorio, born May 14, 1997, Haley Reed Deorio, born May 14, 1997, and Samuel James Deorio, born September 7, 2002, secure in CT Page 13599 their parents’ love for them, both parents have carefully discussed and agreed to the plan delineated below.
CUSTODY
The parents agree to joint legal custody of the minor children, whose primary residence shall be with the mother.
PARENTING TIME
The father shall have liberal and flexible parenting time with the parties’ minor children.
1. Each parent shall have reasonable access to the children when they are with the other parent, including mail, email, and telephone during reasonable hours of the day and evening.
2. If either parent is traveling with any of the children, the traveling parent shall inform the non-traveling parent of any and all travel information as soon as travel plans are confirmed. This will include flight numbers, other travel arrangements, specific housing information, and local and cell telephone numbers. The other parent will be notified at the earliest possible time if any of these arrangements are to change.
3. To the fullest extent possible, the parents shall exert every effort to promote reasonable contact and a close relationship between each of the children and both parents and to foster a feeling of affection between the children and their parents. Each parent shall refrain from doing anything to estrange any of the children from the other parent, or to disparage the opinion of any of the children as their mother or father or either parent’s family and friends, or to act in such a way as to hamper the free and natural development of love and respect between parent and child.
4. Both parties will actively arrange, support and require that the children adhere to the parenting schedule the parents agree to. The parties agree to communicate on scheduling prior to communicating with the children regarding the scheduling of parenting time.
5. Parenting schedules and arrangements, including days and times may be altered by written agreement of the parties.
HOLIDAYS AND SCHOOL BREAKS
CT Page 13600 1. THANKSGIVING: The parents shall alternate Thanksgiving Day. The children shall be with their mother during even numbered years, and they shall be with their father during odd numbered years.
2. CHRISTMAS: In odd numbered years the children shall be with their father from 5 p.m. on Christmas Eve until 10 p.m. and shall be with their mother from 10 p.m. on Christmas Eve until through Christmas Day at 10 a.m. In even number years the children shall be with their father from 5 p.m. on Christmas Eve until 10 a.m. on Christmas Day, and shall be with their mother from 10 a.m. on Christmas Day on through the rest of Christmas Day.
3. MEMORIAL DAY, JULY 4TH AND LABOR DAY: The mother and father shall alternate these holidays each year as follows: in 2011 Memorial Day shall be with the mother, July 4th shall be with the father, and Labor day shall be with the mother. The following year Memorial Day shall be with the father, July 4th shall be with the mother, and Labor Day shall be with the father.
4. MOTHER’S DAY: The children shall be with the mother.
5. FATHER’S DAY: The children shall be with the father.
6. MISC: All other parenting time shall be arranged by agreement of the parties.
7. SCHOOL RECESS: Children shall spend winter/February recess with their father and April/Spring recess with their mother.
SPECIAL OCCASIONS
1. CHILDREN’S BIRTHDAYS: Both parties will have parenting time with the children on their birthdays.
SCHOOLING
1. Both parents shall have full access to all school records.
2. Both parents shall be able to attend all school events and conferences.
3. Promptly upon receipt, each parent shall furnish the other with copies of any official reports from education institutions.
4. When any of the children brings home notices from school, the parent CT Page 13601 receiving such notices will share this information with the other parent at the earliest possible opportunity. This information will be conveyed through email, and the receiving parent will immediately confirm such receipt.
5. Should recommendations be made by the schools for special programs, testing, or counseling procedures, the parents will confer and agree jointly before any procedures are initiated or agreed to.
MEDICAL CARE
1. Both parents shall have full access to all medical records that do not breach the children’s confidentiality rights.
2. Both parents shall be the primary contact with doctors, dentists and counseling professionals.
3. Promptly upon receipt, each parent shall furnish the other with copies of any reports concerning the health or welfare of any of the children.
4. In the event of a medical emergency, the parent in charge at the time will make arrangements for medical care; but shall inform the other of the situation immediately. Upon reaching the second parent, decisions will be made jointly.
5. Should there be a need to engage a medical, dental, or counseling professional; the parents will reach this decision jointly.
6. Should the parties be unable to reach a mutual decision regarding a treatment plan as recommend by a medical professional, a second or third opinion shall be sought if a) the child’s health plan provides for such opinions or b) the party seeking such opinion is willing to be responsible for the cost of seeking such opinion.
FUTURE ROMANTIC PARTNERS
1. If either parent were to become involved with a new romantic partner, the children will not be introduced to such person until that parent has been involved with such person exclusively for a minimum of three months.
2. The children will not be introduced to a new partner until three months past the legal date of divorce.
CT Page 13602 GENERAL PARENTING
1. The parents agree to work together to establish child rearing policies and procedures. This includes study time, TV and computer and video game time, appropriate language and behavior, chores, bedtime, etc.
2. The parents will not discuss adult details of their divorce with any of the children.
3. The parents will facilitate the children’s contact with each other’s relatives.
4. The parents will communicate and agree to plans before presenting options to the children.
5. Both parents agree to be respectful to one another and to answer each other’s calls or email in a timely manner.
James Deorio, plaintiff (father)
Kendall Deorio, defendant (mother)
CT Page 13603