Michelle D. Halls v. David R. Halls (2010)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed and considered the evidence presented in the instant matter, finds the following facts:

The parties were married in Mamaroneck, New York on April 10, 1993.   The plaintiff is currently residing with family members in Georgia, but is a longtime Connecticut resident, and intends to return to the state with the intent of living here permanently.   One or both of the parties was a recipient of state aid during the pendency of the marriage.   The marriage has broken down irretrievably, with no hope of reconciliation.   The defendant is at fault for the breakdown of the marriage due to his abandonment of the plaintiff.   The court has jurisdiction.

Two minor children were born issue of the marriage, Danielle Halls, date of birth April 22, 1994;  and Kimberly Halls, date of birth September 26, 1996.   A third child born issue of the marriage, Desiree Halls, date of birth April 18, 1990, has reached majority age.   The defendant wife is not pregnant.

The plaintiff, Michelle D. Halls, hereinafter referred to as “the plaintiff,” is in good health.   She is a licensed day care provider, but is currently unemployed.   The defendant, David R. Halls, hereinafter referred to as “the defendant,” is in generally good health, and is employed as a billing representative for Med 3000, Inc., in Derby, Connecticut.   His gross weekly income is $480.00, and his net weekly income is $253.00.   The defendant resides either with his parents or in his former office space in Derby, Connecticut.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:

1. The parties shall share joint legal custody of the minor children, with the primary residence to be with the plaintiff.   The defendant shall have reasonable rights of visitation with the children.

2. The plaintiff husband shall pay child support in the amount of $136.00 per week, pursuant to the child support guidelines, attached hereto.*   The plaintiff husband is also ordered to pay the defendant wife the sum of $100.00 per week in alimony for a period of eight (8) years.   The order of alimony shall terminate upon the remarriage or death of either party.   Those payments shall be made via immediate wage withholding.

3. The plaintiff husband is also ordered to pay $50 per week for an unpaid pendente lite child support arrearage, which the undersigned finds totals $1,840.00.   The plaintiff is further ordered to pay $25 per week for an unpaid State of Connecticut assistance lien, which the undersigned finds totals $1,606.00.   These payments shall all begin the week of May 3, 2010.

4. The defendant shall provide health insurance for the minor children as available through his employer at a reasonable cost.   The defendant shall also provide health insurance for the plaintiff for a period of one (1) year, or until the plaintiff finds employment, whichever comes first.

5. The defendant shall pay all of the outstanding debts listed on the plaintiff's financial affidavit, Southern Connecticut Gas, $715.00;  United Illuminating Co., $665.00, and Cablevision, $250.00, within 30 days of the date of judgment and will hold harmless and indemnify the plaintiff from any and all costs, expenses and fees related to those outstanding debts.

6. The defendant will be responsible for 100 percent of all unreimbursed medical, day care and extracurricular expenses for the minor children, and shall hold harmless and indemnify the plaintiff from any and all costs, expenses and fee related to any such outstanding expenses.

7. The court will retain jurisdiction regarding any post-secondary education support orders for the children, pursuant to C.G.S. Sec. 46b-56c.

8. The plaintiff shall claim the minor children for income tax deduction purposes, beginning with the 2009 tax year.

9. The defendant shall retain the 1995 Lexus listed on his financial affidavit.

10. Each party is responsible for his or her own attorneys fees.

11. The marriage is hereby ordered dissolved.

GOULD, J.

*Editor's Note:  The referenced attachment is not included herein.

Gould, Mark T., J.