Marcia DaSilva v. Heraldo DaSilva (2010)

MEMORANDUM OF DECISION

The plaintiff, Marcia DaSilva, has brought this dissolution of marriage action against the defendant, her husband, Heraldo DaSilva.   A hearing was held on December 9, 2009 at which both parties were represented by counsel and both parties testified.

This court has considered all of the relevant statutory criteria, including the length of the marriage, fault, the age, station, occupation of the parties, assets, amount and sources of income, skills, employability, debt, non-monetary contributions, acquisition and preservation of the estate, needs of each of the parties and the opportunity of each for future acquisition of capital assets and income and all other criteria set forth in C.G.S. §§ 46b-62, 46b-81, 46b-82, 46b-84, 46b-215b, 46b-56c and the Child Support Guidelines.   The court enters the following findings and orders:

The parties were married on November 6, 1993 in Brazil.   One or both has resided in Connecticut for twelve months continuously prior to the inception of this action.   There are two minor children born of the marriage, but the parties acknowledge that this court does not have jurisdiction to enter custodial orders concerning the oldest minor child, Thais DaSilva, who has resided in Brazil since birth.

No state or local aid was received by the parties during the course of the marriage.   The marriage is broken irretrievably without hope of reconciliation.   The court further finds that the defendant's infidelity and abusive behavior were primarily responsible for the breakup of the marriage.   The court finds that the defendant should be imputed with an earning capacity of $950 per week and that the plaintiff has an earning capacity of $450 per week.

ORDERS

The parties shall have joint custody of the youngest minor child, Miky Dasilva, born August 5, 2005, whose principal place of residence shall be with the Wife. The Husband shall have visitation every other weekend from Friday afternoon until Sunday evening, every even-year Thanksgiving and Christmas Day from 10 a.m. to 8 p.m., and every odd-year Christmas Eve from 2 p.m. to 10 p.m.

Neither party shall disparage the other in the presence of the minor child.

Each party shall execute such documents as may be required for the said child to travel with the other party to and from the United States and Brazil.

1. Child Support and Child Care

The Husband shall pay to the Wife the sum of one hundred eighty-six dollars ($186) per week as child support, pursuant to the Connecticut Child Support Guidelines.   Each party shall pay one-half (1/2) of all employment-related child care.

2. Health Insurance

Each party is to maintain the minor child on such health and dental insurance as may be available through each one's employer at reasonable cost.   If such health insurance is unavailable, the minor child shall be enrolled in the state Husky insurance plan.   The parties shall divide any unreimbursed medical, dental, counseling, and orthodontic expenses equally.

3. Educational Support Order

The court shall retain jurisdiction for the purposes of any educational support order pursuant to Connecticut General Statute § 46b-56c.

4. Property

The Husband shall retain his right, title and interest in and to the marital residence at 268 Newington Avenue, West Hartford, Connecticut, and shall be responsible for all expenses associated with said property, including mortgage payments, taxes and insurance.   The Husband shall execute a mortgage in favor of the Wife against said property to secure his payment of alimony, as set forth in the following paragraph.

5. Alimony

The Husband shall pay periodic alimony to the Wife in the sum of ninety dollars ($90) per week as alimony for eight (8) years.   Said alimony shall be non-modifiable as to term and shall cease upon such time as the Wife shall remarry or cohabitate as if married or if the Wife is deceased.

To secure payment of said alimony and of the medical reimbursement set forth in paragraph 11, below, the Husband shall execute and deliver to the Wife a mortgage deed and note in the total amount of the alimony and medical reimbursement payments due hereunder, forty-three thousand, four hundred forty dollars ($43,440).   Each alimony and medical reimbursement payment by the Husband to the Wife shall reduce the principal sum of said mortgage note and deed by an amount equal to said payment.   Said mortgage and note shall bear no interest and shall be due and payable on November 9, 2017, provided, however, that if the Husband is more than four (4) weeks in arrears in the alimony payments due hereunder, or is more than two (2) months in arrears in the medical reimbursement payments due hereunder, said mortgage and note shall become payable on demand and shall bear annual interest at eight percent (8%) starting as of the first of the four weeks that the Husband is in arrears.   Should the Husband's alimony obligations to the Wife terminate prior to November 9, 2017, pursuant to the preceding paragraph, the principal sum of said mortgage note and deed shall be reduced by an amount equal to the alimony payments that would be payable from the date of said termination through November 9, 2017.

The Wife shall subordinate said mortgage as may be required for the Husband to refinance the mortgage on the residence, provided that such refinance (a) is not for an amount greater than the balance then due on the existing mortgage, or (b) sufficient equity exists in the property to cover the amount of the new mortgage and the amount then due on the mortgage to the Wife.

Should the Husband desire to sell the residence before November 14, 2017, the Wife shall provide a release of said mortgage provided that (a) the Husband purchases a new property at the same time, and (b) executes a new mortgage on the property in her favor for the principal amount then due on the existing mortgage on the residence, and (c) sufficient equity exists in the new property to cover the principal amount then due on the existing mortgage or to equal the equity then existing in the residence which the Husband desires to sell.

The Husband shall be responsible for all costs of collection in respect to any such mortgage and deed in favor of the Wife without in any way limiting any rights the Wife may have to enforce her alimony rights hereunder, including the bringing of contempt charges.

6. Checking, Savings and Investment Accounts

Each party shall retain full ownership of the checking, savings and investment accounts listed on each one's respective financial affidavit.

7. Personal Property

Neither party shall make any claim against the other's pension or deferred compensation rights.

The Wife shall have full title to the 2001 Hyundai vehicle and shall assume responsibility for the payment of all charges relating thereto, including loan payments, taxes, and insurance, and indemnify the Husband therefor.

The Husband shall have full title to the 1995 Honda vehicle and shall assume responsibility for the payment of all charges relating thereto, including loan payments, taxes, and insurance, and indemnify the Wife therefrom.

The parties shall each retain the personalty presently in each one's respective possession.

8. Liabilities

Each party shall be solely responsible for payment of the liabilities listed on each one's respective financial affidavit.

9. Income Taxes

The Wife shall claim the minor child as an exemption for income tax purposes during each odd-numbered tax year.   The Husband shall claim the minor child as an exemption for income tax purposes during each even-numbered tax year, provided the Husband is current at the end of such tax year with all child support, child care, alimony, and medical expense reimbursement obligations due hereunder.   If the Husband is not current with such obligations, he shall forfeit the exemption for such year without in any way limiting the Wife's rights to enforce her alimony and reimbursement rights hereunder, including the bringing of contempt charges.

10. Counsel Fees

The Husband shall pay two thousand dollars ($2,000) toward the Wife's counsel fee expenses within sixty (60) days of judgment.

11. Life Insurance

The Husband shall maintain term life insurance with the Wife as beneficiary in the face amount of fifty thousand dollars ($50,000) for so long as the Husband is obligated to pay either periodic alimony or child support, provided such life insurance is available to the Husband at reasonable cost.

12. Restoration of Birth Name

The Wife shall be restored to the use of her birth name, Marcia Andreia Amorim.

SO ORDERED.

BY THE COURT,

J. Fischer, J.

Fischer, Jack W., J.