Heather Watson v. Donald F. Watson, Jr. (2010)

MEMORANDUM OF DECISION

By complaint returnable to this court on April 18, 2008 the plaintiff seeks a dissolution of marriage.   The parties appeared before the court on September 18, 2008 and again on December 11, 2008 for trial.   At the commencement of trial the parties submitted an agreement for child support according to the guidelines as well as a written agreement requesting this court to retain jurisdiction in matters pertaining to educational orders pursuant to Connecticut General Statutes § 46b-56c.

This court, having carefully reviewed and weighed the evidence according to applicable standards of law, having scrutinized and evaluated the demeanor and credibility of the parties, and after having considered the parties' arguments and proposed orders as well as having considered Connecticut General Statutes §§ 46b-56, 46b-62, 46b-81, 46b-82, 46b-84, makes the following findings:

FINDINGS:

This Court has jurisdiction to dissolve this marriage.   The parties were married in Westbrook, Connecticut on June 11, 1999 and both parties have resided continuously within the State of Connecticut at least twelve months prior to the filing of this complaint.   The parties have two minor children born issue of this marriage;  Ethan W. Watson, born August 12, 2002 and Olivia V. Watson, born January 19, 2007.   Neither party has been the recipient of financial assistance from the State of Connecticut.   The allegations contained in the complaint are found to be proven and true.

A. The parties

This marriage has broken down irretrievably primarily due to the parties' continuing disputes over finances and the inability to effectively communicate with each other.   This court further finds that the husband's ultimate acts of disassociating himself from the family by staying out at night and not returning to the marital home contributed substantially to the final breakdown of the marriage.   The financial condition of the parties reflects a young family who did not live within their means and as a result has incurred substantial consumer debt during the course of the marriage.

The wife is 32 years old, in good health, and is currently employed by Yale New Haven Hospital as an x-ray technician.   She earns $33.91 per hour and has included her bonuses in her financial affidavit which reflects her gross earnings in the amount of $1,401 per week and $873.00 in net earnings.

The husband is 38 years old, also in good health, and has been employed in the United States Postal Service since 2001 as a letter carrier His weekly gross income is $1,110.99 and his net income is $687.00.

Neither party makes a claim against the other for alimony.

B. Custody and Child Support

Both parties, after having been canvassed by counsel and by this court, testified that they will cooperate in the decision making process in the best interests of the children and have requested a liberal and flexible schedule for parenting based on the children's needs.   However, this court finds, after having questioned the parties, that they will require the assistance of professional counseling in order to effectively co-parent and the orders of this court reflect this finding.

C. Assets and liabilities

In November of 2003 the parties purchased a condominium together at a cost of $130,000.   In September 2005 the parties took out an additional home equity loan in amount of $60,600.00 (Plaintiff's exhibit 5) in order to purchase furniture for the home and pay off then existing credit card debt.   As of August 2009 the unpaid principal balance on the original mortgage was $110,432.00 (Plaintiff's Exhibit 6) and as of December 2008 the balance on the home equity loan was $54,074.00 (Plaintiff's Exhibit 7).

This court finds the current value of the condominium to be in the amount of $120,000.00 pursuant to the current market analysis.   It is clear from the evidence produced at trial that the debt on the property was joint debt incurred during the course of the marriage and further, that the amount of debt is in excess of the equity held in the marital condominium.

The parties each have deferred compensation plans into which each contribute through their respective employments.   The wife holds $19,439.00 in the John Hancock 401K plan and $1,520 in the Yale New Haven 401K plan and the husband holds $61,000 in his Thrift Savings Plan.

As to liabilities, after having heard the testimony of the parties and after having reviewed the parties signed sworn financial affidavits, this court finds that each party has incurred substantial credit in their own names and have listed that consumer debt on their respective financial affidavits and accordingly each shall be solely responsible for those debts with the exception of the joint debt in the home equity loan as mentioned above.

As to the dispute over the automobiles the court finds the husband to have been the sole operator and user of the Toyota Corolla for the past four years as well as the operator and owner of the 2006 Kawasaki Ninja 250.   The wife is the sole owner and operator of the 2007Santa Fe Hyundai.

As to the dispute over the Disney figurines, the court finds the plaintiff has failed to prove, by a preponderance of the evidence, that the defendant is in possession of said items and will not enter orders pertaining to the issue.

ORDERS

1) The marriage of the party is hereby dissolved and each of the parties are declared to be single and unmarried from the date of this decree.

2) The parties shall share joint legal custody of the two minor children, the primary residence of the children is to remain with the wife.   The husband shall enjoy flexible and reasonable parental access to the children as to be worked out between the parties.

3) The parties shall participate in a co-parenting program though Clifford Beers Clinic in New Haven or “Focus on Kids” though Connecticut Council of Family Service Agencies, or an equivalent program, as well as any recommended family counseling, in order to effectively work together for the best interests of their children and for the purpose of reuniting the children with the father.   Enrollment by the parties in the parenting program and counseling is to take place within 10 days of this decree and the parties shall file proof of completion of programs and/or counseling with this court within 60 days of this decree.

4) The husband shall pay $172 per week as child support, and shall be responsible for 35% of all unreimbursed medical costs and day care expenses pursuant to the Guidelines worksheet agreed to by the parties and submitted to the court.   An immediate wage garnishment shall enter.

5) The husband shall pay all outstanding unreimbursed medical bills as of this date through his flexible spending plan as provided through his employment.   In the future, the wife shall submit all medical bills to the husband within 15 days after receipt.

6) As of January 1, 2010, the wife shall provide health insurance for the benefit of the minor children provided through her place of employment.

7) For the year 2009, the wife shall claim the minor child, Olivia, and the husband shall claim the minor child, Ethan, for tax exemption purposes.   Thereafter, the parties shall alternate these exemptions until such time as the youngest child is no longer eligible.

8) This Court retains jurisdiction over Educational Support Orders pursuant to 46b-56c.

9) The husband shall, within 30 days of this decree, convey all rights, interests and title in the marital property located at 263 Kesteven Court, Meriden to the wife and duly record the conveyance upon the land records.   Upon conveyance of title, the wife shall thereafter make all reasonable efforts to remove the defendant's name from the first mortgage through refinance and shall be responsible for all payments on the first mortgage, taxes, utilities and maintenance expenses associated with the property.   Should the wife be unable to refinance, she shall be responsible to provide proof of timely payments to the lender upon demand by the husband and shall hold the husband harmless from any debt incurred from the first mortgage.

10) The parties shall be jointly responsible for the outstanding home equity loan.   The husband is to pay 50% of the outstanding monthly equity loan payment on the first of every month to the wife as alimony.   This support obligation shall be non-modifiable and non-dischargeable in bankruptcy until such time as:  the debt is not attached to the marital home;  the debt is repaid;  or upon agreement of the parties.   The wife shall be responsible for amortizing this loan to pay the interest and principal over a period not to exceed ten years and the wife shall further be responsible for making timely monthly payments to the lender

11) Each party shall be responsible for payment of the credit card debt listed on their respective financial affidavits and shall hold the other party harmless therefrom.

12) The husband shall transfer $20,000 of his deferred compensation Plan (TSP) to the wife by way of a Qualified Domestic Relations Order (QDRO).   The costs associated for the preparation and filing of the order is to be equally divided by the parties.

13) The wife shall maintain all rights, interests and title to the Hyundai Santa Fe motor vehicle and shall be responsible for all future and past taxes, loans, insurance and other costs associated with the use thereof.

14) The husband shall maintain all rights, interests, and title to the 2006 Kawasaki motorcycle and shall be responsible for all past and future taxes, insurance, loans, and other costs associated with the use thereof.

15) The wife shall convey title to the 1999 Toyota Corolla to the husband and the husband shall be responsible to pay all past and future taxes (including the tax bill entered is exhibit number 11), insurance, and other costs associated with the use thereof.

16) The Wife shall retain all household furnishings remaining in the marital home.

17) The husband is to return the NASCAR figurines to the wife, as represented to the court.

Markle, J.

Markle, Denise D., J.