Michelle Deschamps v. Austin Deschamps, Sr. (2010)

MEMORANDUM OF DECISION

The plaintiff, who was a resident of Norwich, Connecticut, initiated this action for dissolution of marriage with a complaint that was returned to the court on August 4, 2009.   At the time, the defendant was a resident of Baltic, Connecticut.

The court finds that it has jurisdiction and that all statutory stays have expired.

A limited contested trial was held before the undersigned on June 3, 2010 and both parties appeared at trial.

The court has fully considered the criteria of General Statutes §§ 46b-81, 46b-82, 46b-84, 46b-56, 46b-56c and 46b-62 as well as the evidence, applicable case law, the demeanor and credibility of the witnesses and arguments of counsel in reaching the decisions reflected in the orders that issue in this decision.

FACTUAL FINDINGS

The court finds that the following facts were proven by a preponderance of the evidence:

1.  The plaintiff and the defendant, whose maiden name was Crute, were married on March 13, 1993 at Baltic, Connecticut.

2. One of the parties has resided continuously in the state of Connecticut for at least one year prior to the commencement of this action.

3. The marriage of the parties has broken down irretrievably without the prospect of reconciliation.

4. There were two children born to the wife since the date of the marriage;  namely, Jessica Deschamps born March 7, 1995 and Austin Deschamps, Jr. born July 22, 1996.   No other children have been born to the wife since the date of the marriage.

5. Neither party has received assistance from any State or local agency.

6. At the time of the marriage, the parties had few assets.

7. The parties stipulated and agreed that the custody and parenting plan drafted by the Guardian ad litem and approved by both parties calling for joint legal custody with primary residence with the defendant father would be incorporated by reference and made an order of the court.   The court finds that the stipulated parenting plan is in the children's best interest.

8. The parties stipulate that the court may retain continuing jurisdiction regarding post-majority educational support pursuant to CGS § Sec 46(b)-56c.

9. The parties stipulated and agreed that the wife would pay to the Guardian ad litem the sum of $1625 and that the husband would pay to the Guardian the sum of $1987.

10. The parties further agreed that the wife would maintain her existing health insurance for the minor children and that each parent would attempt to maintain $100,000 of life insurance on their respective lives for the benefit of the minor children if possible.   The parties agreed that neither would pay alimony to the other, that the wife would continue to retain the Chrysler Pacifica and the husband would continue to retain the Dodge Ram truck.

11. There presently exists as marital assets two vehicles, little or no savings, and a 2001 camper.

12. The parties' debt includes a potential deficiency judgment due to the marital home's foreclosure and/or a tax liability if the foreclosing bank forgives any such deficiency, the wife's debt in the amount of $20,430 and the husband's debt in the amount of $12,409.

13. The court finds that if this were an intact family, it is likely that the parents would have provided post-majority educational support to the children so the court will retain continuing jurisdiction regarding post-majority educational support pursuant to CGS § 46(b)-56c.

14. The wife has a boyfriend who lives with her and pays some of her expenses.

At the time of trial the parties stipulated and agreed to most of the issues but disputed the amount of child support to be paid by the wife to the husband, whether or not they should share equally any costs or losses associated with the foreclosure of the marital residence, ownership of the camper, an allocation of the wife's pension and an allocation of the credit card debt.

ORDERS

The court orders the following:

1.  The parties shall enjoy joint custody of the minor children pursuant to their shared parenting agreement.   Neither party shall injure the children's opinion of the other parent by their words or their actions.   Neither parent shall permit any third party to injure the children's opinion of the other parent by their words or their actions.   Neither party shall discuss any adult matters with the children, including but not limited to this trial, or any other court-related matter.

2. The wife shall pay child support to the husband in the amount of $137 per week and the parties shall divide any unreimbursed medical, optical, opthamalogical, psychological, orthodontic, or dental expenses, or work-related day care costs, 70% payable by the husband and 30% payable by the wife.   These figures are consistent with the child support guidelines.

3. The court will retain continuing jurisdiction regarding postmajority educational support of the minor children pursuant to CGS § 46(b)-56c.

4. The wife shall maintain medical and dental coverage for the minor children as available through her employment at a reasonable expense.

5. The husband shall retain his Ram truck and wife shall retain her Pacifica vehicle.   Each party shall be responsible for all payments, insurance and taxes and shall hold the other harmless as to such expenses.   The wife shall use her best efforts to refinance her vehicle's loan so as to remove the husband's name from the liability.

6. Each party will retain their respective bank accounts and the wife's Backus Hospital retirement account shall be divided equally by way of a QDRO. The parties will share equally the expense of the QDRO.

7. Each shall pay their own counsel fees.

8. Each party will be entitled to claim one child as a dependency exemption and when there is only one child to claim, they shall alternate that exemption with the father taking odd years and the mother taking even years.

9. The parties shall share equally any deficiency or any tax liability associated with the foreclosure of their marital residence.

10. The husband shall be entitled to retain the camper.

11. Each party will continue to maintain any life insurance policies which are presently in effect or shall attempt to obtain $100,000 of life insurance on their lives for the benefit of the children so long as a child support order is in effect.

12. The wife shall pay to the Guardian ad litem the sum of $1625 and the husband shall pay to the Guardian the sum of $1987.

13. Each party will pay the debts on their respective financial affidavits except that the husband shall pay the Sears bill.

14. The payments and obligations referenced in these orders are intended to be family support/maintenance payments within the meaning of Sections 523(a)(5) and 523(a)(15) the United States Bankruptcy Code and not dischargeable in bankruptcy.   Each party shall be solely responsible for all debts they have been ordered to pay and they shall hold harmless and indemnify the other thereon.

15. In the event either party seeks to file a future motion to modify any aspect of the parenting plan, they shall be required to file a Request for Leave to Modify as provided for in Practice Book Section 25-26, as amended.

16. Dissolution may enter.

Shluger, J.

Shluger, Kenneth L., J.