2007 Ct. Sup. 16019
No. FST FA 06 4009063Connecticut Superior Court Judicial District of Stamford-Norwalk at Stamford
September 25, 2007
MEMORANDUM OF DECISION
DENNIS F. HARRIGAN, JUDGE TRIAL REFEREE.
The plaintiff wife, 41, whose birth name is Monsalve, and the defendant husband, 50, married on January 23, 1985 in Houston, Texas. Two children were born issue of the marriage, Luis Gabriel Jr., born July 29, 1985 and Christina, 17, born March 31, 1990. This dissolution of marriage action return date is April 25, 2006. Jurisdiction is based on the plaintiff’s continuous residence in this state for over a year next preceding the filing of the complaint.
The defendant was employed by CBS Cable from 1991 to 1999. With his severance payment they were able to purchase 13 Ranson Street, Stamford that has been the marital home to the present time. The plaintiff received title to the parcel in order to allow the defendant to qualify for a mortgage on the Bridgeport parcel. The plaintiff values 13 Ranson Street at $525,000 on her financial affidavit filed with the court on August 30, 2007, the first day of trial. She refinanced the mortgage on December 12, 2005 increasing the debt to $400,000 (De. Ex. B) and receiving a net check at the closing for $126,880.55. She used part of the proceeds to pay the Waterbury condo mortgage in full. Foreclosure of the 13 Ranson Street mortgage has begun (CV 07 600 05 73).
They acquired a two-family located at 14 Orchard Street, Stamford that was sold in 2004 for a $74,283 profit.
The plaintiff also holds title to a condominium unit known as 159-2 Maybury Circle, Waterbury, CT that the plaintiff values at $78,000 on her said affidavit. The court has addressed the lack of mortgag supra.
A four-family tenement house located at 612 Shelton Street, Bridgeport was acquired with part of the Orchard Street proceeds in the Spring of 2004 (De. Ex. K). The defendant renovated three of the apartments but the venture lost money. It was sold on August 2, 2007 with net proceeds of $13,099 obtained at the closing (De. Ex. J). Several thousand dollars CT Page 16020 were lost.
They own a time share in Florida estimated to be worth $4,000. The remaining parcel of real estate is located in Cali, Colombia and is valued at $80,000 U.S. by the plaintiff.
After CBS the defendant became a self-employed contractor working primarily in Fairfield County. Their 2005 joint income tax return Form 1040 Schedule C lists gross income of $18,915 and net profit of $5,314 for his business. His current financial affidavit; lists his gross weekly at $400 and net after taxes of $312. His largest expense is the mortgage payment of $675 weekly with total expenses listed as $947.
The plaintiff’s current financial affidavit lists her gross weekly at $400 and net after taxes of $400. She also lists the condo unit’s rent at $207.69 gross and $115.68 net.
On May 14, 2007 the court ordered (116) the defendant to pay all the mortgage arrears on the marital home (13 Ranson Street, Stamford) by June 25, 2007 and to keep subsequent payments current. No arrears in dollars was found by the court. The underlying agreement of the parties (De. Ex. N) also provided for the defendant to have exclusive possession of the said premises as of October 1, 2006 with their son and daughter to reside with him. The earlier child support order agreed to in their July 10, 2006 agreement (110.10) was vacated. The defendant moved for a child support order by motion dated April 24, 2007 (119) but no order was entered.
The causes of the breakdown are not detailed in the evidence. The court notes that an earlier action for dissolution was begun by the plaintiff with a return date of July 22, 2003 (FST FA03 019 62 48) and dismissed for failure to prosecute on June 15, 2004. The parties separated for six months while the case was pending. Any further comment by the court would entail speculation.
The parties have agreed to joint legal custody of the minor child who shall continue to reside with her father and the mother shall have liberal rights of visitation.
The finances of the parties consist of copies of bank statements, copies of cancelled checks, various bills addressed to the defendant, all without any summaries. It is raw data. No cash receipts book was kept. The court concludes that neither party has been completely candid about the ways in which the family finances were handled during the last five years. CT Page 16021
Having reviewed the evidence in light of the applicable statutes and relevant case law and weighing the credibility of the testimony the court renders Judgment dissolving the parties’ marriage on the ground of irretrievable breakdown and each party is declared unmarried. The following orders are made part of the judgment.
1. Joint legal custody of the minor daughter is awarded to the parties with the defendant father as custodial parent. The plaintiff mother is awarded liberal visitation.
2. The plaintiff shall pay $102 weekly child support commencing this Friday, September 28, 2007. A contingent wage withholding order is entered. They shall divide any unreimbursed medical expenses 44% for the plaintiff and 56% for the defendant. Neither party has medical insurance and there is no evidence as to its availability or cost and the court makes no order. The court retains jurisdiction pursuant to § 46b-56c, Conn. Gen. Stat.
3. No periodic alimony is awarded to either party.
4. The plaintiff shall retain the real estate parcel located in Cali, Colombia as hers free of any claim by the defendant.
5. 13 Ranson Street, Stamford, Connecticut is ordered sold “as is” by being immediately listed for sale by the plaintiff at a price not exceeding $530,000 with a real estate broker who shall immediately list it on the local multiple listing service. The defendant is ordered to cooperate with brokers showing the premises including leaving the premises during a showing. Either party may seek further orders from this court as necessary to affect this order, Roberts v. Roberts, 32 Conn.App. 465 (1993). Proceeds of sale shall first be applied to the payment of all the usual closing expenses including all taxes, whether due or overdue, on the premises. The remaining proceeds shall then be determined. Next, the total of the mortgage installments that remain unpaid since the court’s order of May 14, 2007 (116) for which the defendant is responsible shall be determined. $70,000 shall be payable to the defendant to offset the plaintiff’s Waterbury condo unit she values at $78,000 less the amount necessary to satisfy the (116) court order. The remaining balance shall be divided between the parties equally. If the plaintiff advanced and paid any mortgage installment due on or after October 1, 2006 the defendant shall reimburse her. The remaining unpaid installments shall be charged against the $70,000 before distribution.
CT Page 16022 6. The plaintiff shall retain the Waterbury condominium unit as her sole property free and clear of any claim by the defendant.
7. The plaintiff shall retain the time share condominium interest located in Florida free and clear of any claim by the defendant.
8. The plaintiff shall retain her motor vehicle listed on her affidavit as well as her three bank accounts so listed.
9. The defendant shall retain his Chevy Equinox motor vehicle, the 1993 Ford pick-up truck, his three bank accounts listed on his affidavit and the proceeds from 612 Shelton Street, Bridgeport sale.
10. Each party shall be solely responsible for the creditors listed on their respective financial affidavits.
11. No allowances are allowed to either party for litigation expenses or attorney fees.
CT Page 16023