Alicia Strileckis v. Toby Strileckis (2010)

MEMORANDUM OF DECISION

This Court has specifically considered the statutory and practice book provisions, as well as the case law affecting the issues in this case, and has heard and considered the testimony and evidence presented by the parties.   The Court enters the following orders:

A. DISSOLUTION OF MARRIAGE

The marriage of the parties is hereby dissolved on the grounds of irretrievable breakdown and each party is declared to be single and unmarried.

B. STIPULATIONS

The parties entered into a written stipulation on May 18, 2010, which addressed and resolved issues of custody/parenting access, higher education, medical insurance, unreimbursed medical expenses, disposition of real property, disposition of motor vehicles, disposition of personal property, bank accounts, and liabilities.   That agreement also provided that the businesses known as Curtiss Oil, LLC and Curtiss Landscaping, LLC be solely owned by defendant.   That stipulation of the parties is accepted by the Court and is hereby incorporated into this judgment.

On May 18, 2010 the parties also stipulated as to the issues in dispute, which written stipulation is made a part of the court file.

C. CHILD SUPPORT

Defendant shall pay the sum of $314 per week to plaintiff for child support, consistent with the child support guidelines, together with 65 percent of unreimbursed medical and dental expenses.   Plaintiff shall pay 35 per cent of said expenses.   Defendant shall direct his bank to make automatic weekly payments of $314 to plaintiff.   Both parties shall pay their share of any unreimbursed expenses within 30 days of their receipt of documented payments made by the other.   Unless an emergency, neither party will incur any such expense without notifying the other.

D. ALLOCATION OF CHILD DEPENDENCY DEDUCTIONS

Plaintiff shall be entitled to claim Sage, and defendant, for so long as he is current on his child support obligations, shall be entitled to claim Toby for tax dependency deduction purposes for so long as said deductions are available.   At such time that one child no longer qualifies, the parties shall alternate claiming the remaining child in subsequent years, beginning with plaintiff.

E. PERIODIC ALIMONY

Defendant shall pay to plaintiff $300 per week in periodic alimony, to be deposited directly to plaintiff's account.   Alimony is to terminate upon the earliest of the following events:

1.  Death of plaintiff;

2.  Death of defendant;

3.  Remarriage of plaintiff;

4.  The cohabitation of plaintiff under circumstances that alter her financial circumstances in accordance with statute and case law;  or

5.  Five years from the date of this judgment.

Alimony shall be modifiable as to amount but not as to term.

F. MEDICAL INSURANCE FOR PLAINTIFF

Defendant shall pay the cost of maintaining the existing health insurance coverage for plaintiff, which is approximately $400 per month, for a period of two years from the date of this judgment.   This obligation shall be in the nature of alimony and shall be modifiable in amount, but not as to term.

G. LUMP SUM PROPERTY DISTRIBUTION TO PLAINTIFF

Defendant shall pay the sum of $40,000 to plaintiff, together with 6% interest on the unpaid balance.   Defendant shall execute a promissory note in favor of plaintiff for said amount, which note shall be secured by defendant's execution of a mortgage deed against the property located at 3 Coachlight Circle, Prospect, CT. Payments of principal shall be in four annual installments of $10,000 each, to be paid on January 1 of each year, commencing January 1, 2011.   Accrued interest shall be paid at the time of each principal payment.   Defendant shall be allowed to prepay any principal amounts without penalty.   This mortgage deed shall be subordinated to any first mortgage defendant may secure from any bona-fide lending institution in order to comply with the next order of this judgment.   Preparation of the note, mortgage deed and eventual release of this mortgage, together with the cost of recording said mortgage deed and release shall be at the expense of defendant.

H. REFINANCE OF THE MARITAL RESIDENCE

Defendant shall immediately use his best efforts to refinance the property located at 3 Coach Light Circle, Prospect, CT, so as to remove plaintiff's name and liability from the existing mortgage.   If he is unable to effect such refinance he shall give proof to plaintiff of his efforts and denials, and shall reapply every six months until he is able to succeed.   If he is unable to succeed by January 1, 2014 the property shall be sold by plaintiff and the mortgages satisfied from the proceeds.

E. PLAINTIFF'S MOTION FOR CONTEMPT (# 120)

Defendant is found in contempt for his wilful failure to comply with the court order of support, entered pursuant to the agreement of the parties on December 29, 2009.   He is ordered to pay the sum of $1,750 to plaintiff, together with any additional amounts accrued as a result of that order from May 18, 2010 to the date of this judgment, by July 1, 2010.   As a result of said contempt he is also to pay plaintiff counsel fees in the amount of $300 on July 1, 2010.

F. DISPOSITION OF THE 2009 FUSION CAMPER

Defendant shall be entitled to sole ownership and use of the 2009 Fusion camper.   He shall pay plaintiff the sum of $20,000 by September 1, 2010 for her equitable interest in said camper.

G. 2009 TAX RETURN

The stipulation of the parties that they jointly file their tax returns and equally share any refunds is accepted by the court and ordered as part of this judgment.

H. MAIDEN NAME RESTORED

Plaintiff's maiden name of Alicia Bates is hereby restored to her.

I. MISCELLANEOUS ORDERS

1. So long as either party has any financial obligation to the other, both parties shall exchange their complete state and federal income tax returns by April 15 of each year.   Unless otherwise directed in writing, each party shall send this information to the other's home address by certified mail, return receipt requested, or registered mail.   Each party is ordered to advise the other of a change in their residence and/or mailing address.

2. Counsel for plaintiff is to prepare and sign the judgment file within 30 days and send it to counsel for defendant.   Counsel for defendant is to sign said judgment file and return same to court within 15 days of his receipt of same.

RESHA, S.J.

Resha, Robert T., S.J.