Michael J. O'Brien v. Kathleen E. O'Brien (2010)

CLARIFICATION AND CORRECTION OF JUDGMENT

In response to Motion for Clarification and Correction dated April 15, 2010:

1. The Court clarifies and corrects Section 3 of the Memorandum of Decision in relevant part:

3.  Unallocated Alimony and Child Support:  The plaintiff shall pay to the defendant, during his lifetime or until the defendant's death or remarriage, the following percentages of his “gross annual earned income from employment,” as hereinafter defined:

a.  Forty-five (45%) percent of the plaintiff's “gross annual earned income from employment” from October 1, 2009 until January 30, 2015 as unallocated alimony and child support;

b. Commencing February 1, 2015, forty (40%) percent of the plaintiff's “gross annual earned income from employment” through July 2, 2018 as unallocated alimony and child support;

c. From July 2, 2018, until the death of either party or the defendant's remarriage, whichever shall first occur as defined by statute, twenty (20%) percent of the plaintiff's “gross annual earned income from employment” as alimony.

2. The Court clarifies and corrects Section 4(b) of the Memorandum of Decision in relevant part:

“(4) Mutually agreed upon fix-up expenses, i.e. repairs and household improvements, shall be divided equally by the parties”;

(5) The balance shall be divided between the parties forty-five (45%) percent to the plaintiff and fifty-five (55%) percent to the defendant.

Until the closing of the sale, and it is anticipated the sale shall occur expeditiously, the parties shall share the use of the lake house as follows:

Each party shall have sole and exclusive use and occupancy of the lake house during their parenting time under the December 9, 2008 Final Parenting Plan. During the summer vacation times set forth in the attached Parenting Plan, if the parent with the children decides not to stay at the lake house during such time, the other party may use the lake house.   In the event of any mortgage deficiency, the parties shall be equally responsible for one-half (1/2) of the amount of any such mortgage deficiency.”

4. PARENTING PLAN

The Court clarifies and corrects “Court Exhibit A” by attaching to the Memorandum of Decision the Parental Responsibility Plan dated December 9, 2008.

OWENS, J.T.R.

Owens, Howard T., J.T.R.