Kenda Maynard v. Michael Maynard (2010)

MEMORANDUM OF DECISION

Both parties appeared and were represented by counsel.   All statutory stays have expired and the court has jurisdiction.

Having heard the testimony in this matter, the court finds as follows:

The plaintiff, whose maiden name was Kenda Cockerham, and the defendant intermarried on June 19, 1993 in Lebanon, Connecticut;  that the plaintiff has resided continuously in Connecticut for more than one year preceding the filing of this complaint;  that there were three children born to the plaintiff, two of whom are still minors;  namely, Collin J. Maynard, born June 20, 1995 and Kayla R. Maynard, born October 26, 2000;  that no other children have been born to the plaintiff since the date of the marriage;  that the minor children are receiving assistance from the State of Connecticut by their enrollment in the Husky health care plan;  and that the marriage is broken down irretrievably without hope of reconciliation.

Plaintiff is a 39-year-old woman who is in reasonably good health and was a stay-at-home mom while the children were young.   She commenced working part-time approximately three years ago and has been working full-time as a certified nurse's assistant since October 2009, earning a gross weekly income of $487 and a net weekly income of $420.   Although the oldest son is now 18 years of age and had lived with defendant father for some months in 2009/2010, the three children live with plaintiff mother along with her father who takes care of the children when plaintiff is working.

Defendant is a 45-year-old man who appears to be in good health and who has been employed as a carpenter during the marriage and has been earning a gross weekly income of $1,300 and a net weekly income of $950.   Plaintiff alleges that defendant has a serious drinking problem as a result of which she has obtained protective orders to avoid further physical abuse.   Defendant requests a shared custody arrangement although his present visitation with the minor children is limited to Saturdays from 10 a.m. to 6 p.m.

The marital residence in Lebanon, Connecticut has an appraisal value of $210,000 with encumbrances of $176,719, leaving an equity of $33,281.   Defendant requests the greater share of said equity, claiming a credit for his pre-marital contribution for the purchase of the lot and the subsequent building a home on said lot.   Due to the length of the marriage and the encumbrances placed on the residence during the marriage, the court deems said residence a marital asset to be evenly divided between the parties.

Having heard the testimony of the parties and observed their demeanor and having considered the financial affidavits of the parties, the exhibits offered in evidence and the statutory criteria of Connecticut General Statutes (CGS) §§ 46b-81 and 46b-82, the court concludes that the marriage is broken down irretrievably with the defendant being more at fault for the breakdown and accordingly, the court enters a decree of dissolution in this matter and enters the following orders:

1. The parties shall share joint legal custody of the minor children with primary residence being with plaintiff mother.   Regarding defendant father's access with the minor children, the court denies defendant's request for a shared custody arrangement and may consider increased access time upon his developing a closer relationship with the minor children.   In the interim, the court orders that defendant shall have visitation with the minor children on Saturdays from 10 a.m. to 6 p.m. and on Wednesdays from 5:30 p.m. to 8:00 p.m. Defendant is not to consume any alcohol prior to or during such visitation.

2. Defendant shall pay to plaintiff the sum of $250 per week as support for the minor children in accordance with the Child Support Guidelines.

3a. Both parties shall provide health insurance for the benefit of the minor children as available through their places of employment at a reasonable cost, such cost not to exceed 7-1/2% of their net income.

b. Defendant shall pay 58% and plaintiff should pay 42% for all unreimbursed medical expenses in accordance with the Child Support Guidelines.

4. Defendant shall quitclaim to plaintiff his interest in the marital real estate located at 503 Tobacco Street, Lebanon, Connecticut and plaintiff shall execute a mortgage note to defendant in the amount of $16,640, which note shall bear an interest rate of 3% per annum.   Said note shall be payable upon plaintiff's sale of the marital residence or not later than the occurrence of the youngest child graduating from high school or attains the age of 18.   Plaintiff shall be responsible for payment of all expenses related to said real estate and shall hold defendant harmless therefrom.

5a. Plaintiff shall retain the 2005 Hyundai vehicle and defendant shall retain the 2004 Ford F-150 vehicle.   Each shall be responsible for payment of all expenses related to the respective vehicles and shall hold the other harmless therefrom.

b. The parties shall divide remaining personal property by agreement.   In the event of disagreement, the parties shall submit same to binding arbitration, and each shall be responsible for one-half the cost of same.

6. Each party shall be responsible for payment of any individual debts listed on their respective financial affidavits.   As to any joint debts that are listed, each shall be responsible for payment of one-half of such debts and shall hold the other party harmless regarding same.

7. Defendant shall pay to plaintiff weekly alimony in the amount of $100 for a term of eight years which term is non-modifiable.

8. Plaintiff shall have the right to claim minor child Kayla as a dependency deduction on her federal and state income tax returns and defendant shall have the right to claim minor child Collin as a dependency deduction on his federal and state income tax returns.   When there is only one child remaining as a dependency deduction, then the parties shall alternate taking that child as a deduction on federal and state income tax returns with plaintiff taking the first year and alternating with the defendant in following years.

9. The court retains jurisdiction of this matter for post-secondary education orders under the provisions of CGS § 46b-56(c).

Goldberg, JTR

Goldberg, Joseph H., J.T.R.