2009 Ct. Sup. 17162
No. FA 08-4108964Connecticut Superior Court Judicial District of New London at Norwich
October 23, 2009
MEMORANDUM OF DECISION
VASINGTON, JTR.
The plaintiff appeared represented by counsel and the defendant appeared pro se. All statutory stays having expired, the court has jurisdiction.
Having heard the evidence, the court finds as follows:
The defendant and the plaintiff, whose maiden name was Merrifield, intermarried at Glastonbury, Connecticut on June 23, 2006; that the plaintiff has resided continuously in Connecticut for a period of one year next preceding the date of the filing of this complaint; that the marriage has broken down irretrievably; that there is no hope of reconciliation and that no state agency is presently contributing to the care or welfare of the parties.
The plaintiff, who was born May 30, 1971, appears to be in good health. She is presently employed as tax collector of the town of Andover, Connecticut earning a gross weekly salary of $732.02 with a net weekly salary of around $600 per week.
The defendant, who was born January 23, 1970, appears to be in good health. Presently, he is employed by Mercedes Benz of Fairfield, Connecticut earning a gross weekly salary of $700 with a net salary of around $550. At one time during the marriage, defendant earned around $125,000 annually at a Mercedes Benz dealership.
The plaintiff’s daughter was charged with molesting defendant’s daughter but was found innocent of said charge. However, this caused problems between the parties. In addition, plaintiff attributes the breakdown of their marriage to defendant’s irritable and moody behavior; that he isolated himself from the family; that he was physically abusive to the plaintiff and although the parties underwent marriage counseling, it was unsuccessful.
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Defendant left the marital residence at plaintiff’s request. He did not offer any rebuttal evidence to plaintiff’s testimony concerning the breakdown of the marriage.
Both parties contributed to a joint bank account used to pay their debts. Although defendant was unemployed for periods due to changes in employment, he contributed to the joint account from his unemployment benefits and his savings.
At one time the parties owned a marital residence. Defendant claims he used $75,000 of money he received from the sale of his home prior to this marriage. Plaintiff claims some of the purchase price was a gift from her parents. Eventually, the property was foreclosed upon. Defendant claims he lost $50,000 from said foreclosure sale.
The parties have limited assets but many debts. The parties are in disagreement as to whom should pay their debts.
Plaintiff accepts full responsibility for payment of the debts on her financial affidavit.
Defendant claims plaintiff should contribute towards payment of certain debts on his affidavit which include two Chase credit card debts totaling $19,600, a Citicorp credit card debt of $5,500 and an IRS debt of $20,000 resulting from his not paying his 2006 and 2007 income taxes. It is noted that each party separately filed income taxes for the years they were married to each other.
The defendant claims the Chase credit card debt of $11,100 and the Citicorp debt of $5,500 were marital debts but did not elaborate as to the nature of debts. The Chase credit card debt of $9,510, he claims, was for the parties’ wedding reception and their honeymoon.
He wants the plaintiff to pay half of said debts. Plaintiff refuses and agrees to pay only the debts listed on her financial obligation.
The parties’ other assets will be set forth in the orders contained hereinafter.
Plaintiff does not seek alimony but wants to keep the 2005 Toyota Camry, her bank accounts, her personal belongings and her Connecticut Mutual Employees Retirement System which is not yet vested and one-half of her attorneys fees paid by the defendant.
Defendant wants an equitable division of his debt, alimony of $1 per CT Page 17164 year as support for plaintiff’s obligation to pay her share of the debt, and does not want to contribute to plaintiff’s attorneys fees.
Based on the testimony presented, it is ordered that the marriage of the parties has broken down irretrievably with no hope for reconciliation. The court finds the defendant more at fault for the breakdown than the plaintiff. Accordingly, a judgment dissolving the marriage is awarded to the parties on the ground of irretrievable breakdown.
After considering the pertinent sections of the Connecticut General Statutes, the proposals of the parties, the evidence presented and the court’s findings, it is ordered that:
1. a. The defendant shall own the 1999 Honda Accord and the 2004 Harley Davidson motorcycle. He shall be responsible for all expenses of ownership including any liens thereon and hold the plaintiff harmless therefrom.
b. The plaintiff shall own the 2005 Toyota Camry. She shall be responsible for all expenses of ownership including any loans thereon and hold the defendant harmless therefrom.
c. Each party shall execute any documents necessary to effectuate the above.
2. The plaintiff shall own her Liberty savings and checking accounts and her Connecticut Mutual Employees’ Retirement System Fund B.
3. The defendant shall own any bank accounts in his name alone.
4. Plaintiff shall be solely responsible for payment of the Ann Taylor Loft, Old Navy, Capital One and Attorney Freil’s debts as appear on her financial affidavit and hold the defendant harmless therefrom and indemnify him if he is called upon to pay same.
Further, the plaintiff shall be responsible for 40% the Chase Credit debt listed on defendant’s affidavit with a listed balance of $9,510.
5. The defendant shall be solely responsible for his Chase Credit card debt of $11,100, his Citicorp debt of $5,500, his Internal Revenue debt of $20,000 and 60% of his Chase credit card debt of $9,510 all listed on his financial affidavit. Further, the defendant shall hold the plaintiff harmless from all of his debts and indemnify her if she is called upon to pay same. CT Page 17165
6. Each party shall pay $1.00 per year alimony to the other, modifiable as to amount only if a party is called upon to pay the debt obligations of the other whether said debts are discharged in bankruptcy or not. Said alimony shall terminate when each party satisfies his or her debt obligations as set forth herein.
7. Each party shall provide their own medical coverage at their own expense.
8. The plaintiff’s maiden name Merrifield is returned to her.
9. Each party shall own all other personal property in their possession not otherwise disposed of herein above.
10. Each party shall pay their own attorneys fees.
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