Lora Green v. Derrick Green (2010)

MEMORANDUM OF DECISION

The plaintiff wife, 42, whose birth name is Carter, and the defendant husband, 46, married on November 28, 1985 in Stamford, Connecticut.   The plaintiff has resided in Connecticut for many years immediately before the complaint was filed with the court thereby providing jurisdiction.   Three children were born issue of the marriage.   One child, Derrick, Jr., is 20 years old and the only one under 23 years of age.   Both parties are high school graduates.   The defendant has completed one year of college.   The final separation occurred in April 2008.

The plaintiff has significant physical disabilities that prevent her from working.   She has been receiving a monthly Social Security disability benefit for the last eleven years.   Currently it is $1,245.   Her back caused several problems and her application was made about thirteen years ago.   Prior thereto she worked as a paralegal at the Stamford office of Paul Hastings for eighteen months.   Five years ago she also had a hip replacement.   She also boards and cares for a minor, Donovan, not a relative, for which she receives a budget from the program.   The court finds that this is not income to be used in fixing earning capacity.

The defendant has been employed by the Town of Greenwich in the NW Housekeeping Services Department October 15, 1996 (De.Ex. B), on full-time permanent status.   He earns about $720 gross and $620 net weekly.   He first began working for the Town shortly after their marriage.   He also worked for Stamford Hospital for a time about 15 years ago.   More recently he has also worked as a licensed real estate agent with his last deal occurring in December 2007.   His first year as an agent was 2005 when he earned about $15,000 and in 2006 with Cambridge Properties he earned about $50,000.   His license is current but he has no listings at the present time.   He has a vested defined benefit pension with the Town with retirement eligibility beginning 2028 (cf.Ex. B).  He lists IRS as a creditor for $30,000 for three years.   The court infers that is due to failure to file estimated tax payments for his real estate commissions.

The plaintiff acquired the marital home through qualifying for a program known as “Adopt A House” administered by Stamford Community Development for first time buyers, a federal program.   Her employment at Paul Hastings allowed her to qualify for the mortgage.   She was able to pay the closing costs and closed without her husband having to participate except to sign a separation agreement proving he had no interest in the property.   After obtaining ownership the parties paid all the household expenses 50/50.   The plaintiff testified that the mortgage is presently in foreclosure.

After her hip replacement, during her convalescence, the friction between the parties escalated.   She applied for a restraining order.   She left the home.   What she did while out of the home is disputed.   Each claimed being slapped by the other party.   The court finds the events described above were causes of the marriage breakdown.

The court has evaluated the evidence in light of the relevant statutes and case law and renders judgment dissolving their marriage on the ground of irretrievable breakdown.   The following orders are made part of the decree.

1. The birth name Carter is restored to the plaintiff as she has requested.

2. The plaintiff shall retain 538 Fairfield Avenue, Stamford, Connecticut and its contents her sole property free and clear of any claims of the defendant.

3. The plaintiff is awarded 50% of the defendant's Town of Greenwich pension as of the date hereof.   Both parties shall cooperate with the pension board in completing the division.

4. The defendant shall pay $100 weekly periodic alimony to the plaintiff until either party's death, the plaintiff's remarriage or future court order.   This award is modifiable.  Conn. Gen.Stat. § 46b-86 applies to said order.   A wage execution is ordered.

5. Each party shall retain the remaining assets each now possesses free and clear of claims of the other party.

6. Each party shall remain solely liable for the debts in each party's name without contribution from the other party.

Harrigan, J.T.R.

Harrigan, Dennis F., J.T.R.