Tesha E. Bryant v. Arthur T. Bryant (2010)

MEMORANDUM OF DECISION

This is an action for dissolution of marriage and other relief brought to the judicial district of Danbury.   Many of the facts that give rise to this action are not in dispute.   The plaintiff, whose maiden name is Tesha E. Mancini, and the defendant were married on February 14, 2004 in Bennington, Vermont.   The plaintiff has resided continuously in the state of Connecticut for at least twelve months immediately prior to the date that the complaint was filed.   The marriage between the parties is broken down irretrievably without any reasonable prospects of reconciliation.   There is one minor child issue of this marriage, Blake E. Bryant, born June 23, 2004.   No other children have been born to the plaintiff wife since the date of the marriage of the parties.   There has been some form of state assistance.   The plaintiff currently receives $134 per week less deductions from Title IX. She does not have any assets.   The defendant has gross weekly income of $350 less deductions.   He owns a 1984 Chevrolet pickup with a value of $500 and no loan balance.   The parties separated approximately a year and one-half after the minor child was born which would have resulted in their separating approximately December 2005.   There were a number of liabilities that the parties had at the time they separated.   The following is a list of liabilities that they had when they separated that have been charged off.

Name of Creditor

or Account Number Status Date Opened Amount

Old Navy Charge Off March 2007 $

Walmart Charge Off Nov. 2002 $

Discover Card

601100131062 XXXX Charge Off April 2000 $5,468

The following is a list of current liabilities that existed when the parties separated:

Acct. # 504994807352 XXXX Nov. 2005 $ 876

Utilities Prior to Nov. 2005 $ 694

Medical Healthcare CACECIDDS Prior to Dec. 2004 $ 86

CL & P Acct. # 68725 XXXX Prior to separation $2,482

New Milford Hospital Acct. # 1490000 Prior to June 2004 $ 363

New Milford Hospital Acct. # 1580000 Prior to June 2005 $ 250

New Milford Hospital Acct. 158 Prior to June 2005 $ 36

This court has considered the provisions of § 46b-82 regarding the issue of alimony, and has considered the provisions of § 46b-81(c) regarding the issue of property division, and has considered the provisions of § 46b-62 regarding the issue of attorneys fees, and has considered the provisions of § 46b-56 regarding the issues of custody and visitation, and has considered the provisions of § 46b-56(c) regarding the issue of educational support orders, and has considered the provisions of § 46b-84 as well as the child support guidelines regarding the issue of support.   The court enters the following orders.

ORDERS

A. BY WAY OF DISSOLUTION

1. The marriage between the parties is dissolved and each party is declared to be single and unmarried.

B. BY WAY OF SUPPORT

1. The court orders that the defendant pay to the plaintiff support in the amount of $78 per week.   The obligation to support the minor child terminates upon (a) the child attaining the age of 18 but is still in high school then upon graduation from high school but not beyond age 19.

C. BY WAY OF CUSTODY AND VISITATION

1. The court awards sole custody of the minor child to the plaintiff.   The defendant is to have visitation with the child three weekends per month consisting of the first, second and fourth weekends.   The defendant is to pick up the child at 6 p.m. at the plaintiff's residence on Friday and return the child to the plaintiff's residence at 6 p.m. on Sunday.   The defendant shall also have visitation with the child on every holiday from noon to 5 p.m. with the defendant to pick up and return the child at those times.

2. During the time the child is with each parent, such parent shall not consume alcohol or use drugs or allow the usage of either by any third party in the presence of the minor child nor allow anyone under the influence of either to be in the presence of the minor child.

3. In the event medical or dental insurance for the minor child is available through the defendant's employment, he is to provide such insurance for the minor child providing it is at a reasonable cost.

4. Any unreimbursed medical and dental expenses for the minor child are to be paid with the mother paying 47 percent and the father paying 53 percent.

D. BY WAY OF ALIMONY

1. The defendant is to pay to the plaintiff alimony in the amount of $1 per year.   The provisions of § 46b-86(a) and § 46b-86(b) are applicable.

2. Alimony is to terminate on August 1, 2016 and cannot be extended.

E. BY WAY OF EDUCATIONAL SUPPORT ORDERS

1. The court retains jurisdiction to enter an educational support order.

F. BY WAY OF PROPERTY ORDERS

1. The defendant is to return to the plaintiff her three carat diamond ring and video camera which he removed when the parties separated by August 23, 2010.

2. Each party is responsible for paying one-half of the balance due on the list of current liabilities that existed when the parties separated and is to hold the other party harmless for such one-half.   In the event the write-off on the Walmart and Discover Card should be reactivated, then each party is responsible for paying one-half of the balance due on each of those two liabilities and is to hold the other party harmless therefrom.

G. MISCELLAEOUS ORDERS

1. The parties are to exchange copies of their federal and state income tax returns for each calendar year in which there is an outstanding support order and/or an outstanding educational support order or any arrearage thereto.

2. An immediate wage execution is ordered.

3. The state of Connecticut probably has an interest in this case.   The attorney general's office is to be notified and is to have thirty (30) days in which to file a request to be heard for any interest that the state may have.   In the event such a written request is filed by the attorney general's office, the matter shall be assigned for immediate hearing.

Sidney Axelrod, Judge Trial Referee

Axelrod, Sidney, J.T.R.