Rajranie Busgith v. Patrick Busgith
-- June 12, 2013
MEMORANDUM OF DECISION
This matter was tried by the court on May 31, 2013.
The court has considered all the credible evidence presented to it along with its observation of the demeanor and attitude of the parties. All the exhibits have been carefully reviewed and considered, as well as relevant common law, including, without limitation, the statutory criteria set forth in General Statutes § 46b–82 as to assignment of alimony and § 46b–81 as to assignment of property and transfer of title. After carefully considering the respective criteria for orders of alimony, property division, payment of counsel fees, and unsealing financial affidavits, the court makes the following findings and enters the following orders.
The court finds it has jurisdiction over this action for dissolution of marriage. One of the parties has lived in the State of Connecticut for more than one year prior to bringing this action.
The parties were married on December 19, 1992 and have been married for 21 years. The have lived apart since March 2004. The plaintiff wife and defendant husband have two adult daughters, and a daughter, VB, born on July 20, 1996. VB is currently 16 years old. The husband and wife have not been the recipients of state assistance.
Mrs. Busgith has a bachelor's and master's degree that she obtained during the marriage. She began working for Capital Community College as a preschool teacher in 2003. She works 25 hours per week and receives benefits. Her net earnings are approximately $345 per week. She is currently seeking full-time employment.
Mr. Busgith works as a commercial truck driver. He claims to be illiterate. Mr. Busgith worked for Petro Chemical Trans earning a weekly net of $835. He worked for Petro Chemical for two years and left on March 23, 2013. On that day he voluntary quit his job to move to Florida because he needed “peace.” He took a commercial truck driving position with the Florida subsidiary of Petrol Chemical Trans. Mr. Busgith alleges he took a $20,000 yearly decrease in pay although he did not produce a current financial affidavit. He was terminated from his position after one month after failing a drug test. Defendant currently collects unemployment compensation in the weekly amount of $541. He claims to be actively seeking gainful employment.
The plaintiff was gifted the marital residence by her godfather in 1988. The home is located at 51 Sampson Street, West Hartford. Shortly after her marriage, the plaintiff wife agreed to quitclaim one-half of her interest in the residence to defendant husband for the purpose of obtaining a mortgage. The parties agreed to consolidate and pay various bills and perform some home improvements to the property from the proceeds of the mortgage.
The plaintiff wife owns two parcels of property in Florida. The parcels are alleged to be valued at $25,000. There are approximately $10,000 worth of back taxes and fees on the parcels. The plaintiff owns a 1999 Toyota Solara and defendant owns a 1986 GMC van and a 2011 Honda Accord. Defendant has a loan balance of approximately $16,000 on the Honda Accord. Plaintiff wife has a deferred compensation plan through ING worth $26,000. The defendant husband had an IRA with TD Ameritrade valued at $1,400. During the course of these proceedings, Mr. Busgith removed and spent the funds from the TD Ameritrade account.
At trial, defendant husband expressly and unequivocally stated he had no interest in the marital home and the Florida properties. He stated he was willing to quitclaim his interest in both assets to the plaintiff wife.
The court finds that the cause of the breakdown of the marriage lies with defendant husband. Shortly after their marriage, Mrs. Busgith became alarmed by her husband's alcohol consumption and the erratic behavior it caused. On at least two occasions the police were called to the residence for allegations of domestic abuse. The Department of Children and Families opened investigations on each of those occasions although no abuse or neglect was found. Mr. Busgith has had extramarital relations throughout the marriage and has lived with a paramour since at least 2004.
1. The marriage of the parties is dissolved on the grounds of irretrievable breakdown. The parties are declared to be single and unmarried.
2. Marital Home. Defendant husband shall quit claim his interest in the marital home to the plaintiff within 20 days of the judgment. The plaintiff shall hold harmless and indemnify the defendant from any and all liability arising out of the ownership and/or occupancy of said property including the mortgage and taxes thereon. The plaintiff shall make every effort to refinance the marital home to remove the defendant's name from the mortgage.
3. Florida Properties. The plaintiff shall retain sole ownership of the two parcels of Florida property. The plaintiff shall hold harmless and indemnify the defendant from any and all liability arising out of the ownership of said property including the mortgage, if any, and taxes thereon.
4. Custody. The parties shall have joint legal custody of the minor child, V.B. Child's primary residence shall be with the mother. Father shall reasonable rights of visitation.
5. Child Support. The court orders the defendant father to pay as child support for child V.B. the sum of $226 per week in accordance with the child support guidelines.
6. Dependency Exemption. The plaintiff shall have the right to claim the minor child as a dependent for all income tax filings and the defendant shall provide the necessary forms, if required.
7. Medical Coverage. The defendant shall provide medical and dental insurance coverage for the minor child as is available to him through employment at a reasonable cost not to exceed 7.5% of his net income.
8. Post–Majority Expenses. The court shall retain jurisdiction over the post-secondary education expenses for the minor child pursuant to Connecticut General Statutes § 46b–56c. The Court finds that had the parties remained an intact family, they would have financially supported their child in the child's pursuit of post-secondary educational endeavors.
9. Alimony. The court orders the defendant husband to pay periodic alimony to the plaintiff wife in the amount of $100 per week for a period of 15 years. Said alimony shall be taxable income to the recipient and shall reduce the gross income of the payor.
10. Vehicles. Each party shall retain the vehicle currently in their possession free and clear of the other party. They shall each assume all financial responsibilities associated with their respective vehicles and shall indemnify and hold harmless the other party from any liability thereon.
11. Bank Accounts. Each party shall retain monies held in their respective bank accounts free and clear of the other party.
12. Pensions. Each party shall retain his/her own 401(k), pension plan, or other deferred benefits free and clear of the other party.
13. Debt. Each party shall be solely responsible for the debts and liabilities as set forth on their respective financial affidavits filed with the court. Each party shall hold harmless and indemnify the other from all liability thereon.
BY THE COURT,
Ficeto, Anna M., J.