2003 Ct. Sup. 6157
No. FA 02-0126315SConnecticut Superior Court, Judicial District of New London at Norwich
May 1, 2003
MEMORANDUM OF DECISION RE PENDENTE LITE MOTIONS
DEVLIN, JUDGE.
This marital dissolution action was commenced by the plaintiff, Alan M. Schaffer, against the defendant, Nancy J. Schaffer, by writ, summons and complaint made returnable to the court on November 26, 2002. Both parties have filed pendente lite motions that were heard by the court on April 28 and April 29, 2003. The following are the court’s pendente lite rulings.
1. Inspection/Return of Personal Property
A. Inspection
The plaintiff shall be permitted to inspect the marital home at 10 Tyler Lane, Norwich, Connecticut on Saturday, May 31, 2003 from 2:00 p.m. to 4:00 p.m. The inspection shall be made in the presence of a police officer. The plaintiff may bring no more than two persons with him to observe the inspection. The defendant may have her sister and brother-in-law present. The plaintiff shall be allowed to make an inventory of the contents of the house and to take photos or video.
B. Return of Personal Property
The plaintiff has filed a Motion for Return of Personal Property, Pendente Lite (#116) with an attached list of items he wishes returned to his possession. The items listed are ordered returned to him with the exception of and subject to the following:
(1) Christmas ornaments handmade by children.
The court finds that these items belong to the parties’ children and are therefore beyond the scope of the present motion.
(2) Family photos/videos CT Page 6158
The plaintiff shall be permitted to take temporary possession of any and all family photos and videos in order to have them professionally duplicated at plaintiff’s expense. Thereafter, the photos and videos shall be returned to the possession of the defendant.
(3) Honda Lawnmower/Direct TV Access Card/Samsung TV
The defendant may retain possession of the Honda lawnmower and the Direct TV access card.
The plaintiff may retrieve possession of the Samsung 15″ LCD TV and bracket.
2. Accounting for $39,873.70
The motion for an accounting of $39,873.70 withdrawn by the defendant from Chelsea Groton Bank is marked off as moot. The defendant provided an adequate accounting of her use of those funds during her testimony.
3. Psychiatric Evaluation
Plaintiff’s motion for a court-ordered psychiatric evaluation of the defendant is marked off. This motion may be reclaimed after the guardian ad litem, Attorney Paige Quilliam, has had a reasonable amount of time to access the parenting situation so as to make a recommendation to the court.
4. Alimony/Support/Allocation of Liabilities
The parties have agreed that all pendente lite orders regarding alimony/child support be retroactive to January 13, 2003.
A. Bonus Income
The plaintiff may access $55,000.00 of the $86,000.00 of bonus income received during 2003 currently on deposit in the Savings Bank of Manchester. The remaining $31,000.00 shall be transferred to plaintiff’s counsel to be held in escrow in an interest-bearing account. The plaintiff may use $40,000.00 of the $55,000.00 toward the purchase of residential real estate. If the plaintiff does purchase a residence, such property shall be subject to the court’s jurisdiction in its determination of the final orders in this case.
B. Alimony/Child Support CT Page 6159
Commencing May 1, 2003, for a period of fifteen weeks, the plaintiff shall pay pendente lite unallocated alimony/child support to the defendant in the amount of $2,200.00 per week. Thereafter, plaintiff shall pay to the defendant $1,200.00 per week in unallocated alimony/child support. Such amounts shall be taxable to the defendant and tax deductible by the plaintiff.
The plaintiff shall continue to maintain health insurance for the defendant and the two minor children. The parties shall each pay fifty percent (50%) of any uncovered health expenses for the children. The plaintiff shall not be responsible for uncovered health expenses for the defendant.
C. Liabilities
Commencing May 1, 2003, the defendant shall be responsible for the payment of all household expenses including the mortgage, taxes, home insurance, auto insurance, utilities and other expenses as listed on her financial affidavit.
D. Retroactive Arrearage/Liabilities
From January 13, 2003 to the present, the plaintiff is deemed to have had an unallocated alimony/child support obligation of $1,200.00 per week. This is a period of thirteen weeks yielding a total obligation to date of $15,600.00. The plaintiff is granted a credit for the amounts already paid during this time. According to his testimony and financial affidavit, he has paid the mortgage, insurance, taxes, auto insurance and $535.00 per week in cash for a total of $1,000.00 per week amounting to $13,000.00 for the thirteen-week period.
Accordingly, the court finds an arrearage of unpaid unallocated alimony/child support in the amount of $2,600.00. The plaintiff shall pay this amount to the defendant within ninety days. The defendant shall be responsible for the past due unpaid Norwich Public Utility electric bill, SBC telephone bill and Adelphia cable bill all totaling $946.52. Each party shall also pay one half of any outstanding unreimbursed unpaid health bills for the children.
So Ordered at Norwich, Connecticut this 1st day of May 2003.
Devlin, J. CT Page 6160