Darlene G. Ballou v. David G. Ballou (2010)

MEMORANDUM OF DECISION RE DISSOLUTION OF MARRIAGE

After hearing on July 7, 2010, the Court finds that it has jurisdiction over the above entitled matter and that both parties have appeared as self-represented parties.   The Court finds that the parties married on June 12, 2005 in New Haven, Connecticut;  that no state or municipal agency has contributed to the support of either party;  there is one minor child born to this marriage, Cameron D. Ballou, born November 25, 2006.   The Court further finds that the marriage between the parties has broken down irretrievably without hope of reconciliation.   The Court orders that the marriage between the parties is hereby dissolved.

Due to the vitriolic relationship between these two parties and their inability to communicate as mature adults, the court cannot make any findings as to any arrearage amounts for child support, alimony or other support amounts for the benefit of the minor child at this time.

Based on the more credible evidence after trial, the Court enters the following orders as part of this dissolution of marriage judgment.

1. Personal property to include all clothing, jewelry, and bank accounts will remain as the sole assets of the parties as reflected on their respective financial affidavits.

2. Each party shall retain possession of any motor vehicles listed on their respective financial affidavits.

3. Each of the parties shall be responsible for their own medical expenses and individual medical insurance.   If either party is eligible to exercise their COBRA rights with respect to the other party's current health insurance policy, each may do so at his/her own expense.

4. The parties will have joint legal custody of the said minor child Cameron.   The plaintiff wife shall have primary physical custody of minor child and if the parties can't reach agreement, the wife shall have final decision making authority on all child related issues.

5. The husband shall have reasonable and flexible parenting time with the minor child to be arranged by agreement between the parties.

6. The debt obligations reflected on each parties' financial affidavit will remain that party's obligation with the following exception:  Defendant husband will pay $3,500 towards the plaintiff's Chase credit card and $1,000 toward the plaintiff's Household Bank credit card.   Such payments will be made in equal monthly installments of $300 for fifteen (15) months commencing August 15, 2010.

7. The defendant husband will pay monthly alimony to the plaintiff-wife of $800.00 for a period of fifteen (15) months commencing August 15, 2010.   Said alimony is non-modifiable as to term, but may be modifiable as to amount pursuant to statute.

8. Defendant's immediate child support obligation is to be $225.00 per week pursuant to the Guidelines which will not include defendant's share of any day care and/or nursery school expenses.   Any such day care or nursery school expenses will be shared 50% for the plaintiff wife and 50% for the defendant husband.

9. The plaintiff wife shall have the dependency tax exemption for the present and future tax years for the minor child.

10. The defendant husband shall complete within one (1) year The Family Strides Parenting Program for Fathers and provide proof of completion.

11. The parties reserve the right to return to court at a future date to request contribution for the child's post-secondary educational expenses pursuant to C.G.S. 46b-56c.

12. The defendant presently provides health insurance for the minor child through his employer.   He shall continue such coverage so long as it is available at a reasonable cost.   In the event such coverage becomes unavailable, then both parties are responsible for obtaining health insurance for the child and share such premium costs equally.

13. Unreimbursed medical costs for the minor child, including but not limited to medical, psychiatric, psychological, ophthalmic, dental, orthodontic costs shall be shared by the parties in accordance with the child support guidelines:  plaintiff, 30%;  defendant 70%.

14. All existing life insurance policies owned and/or controlled by either party will designate the minor child as irrevocable beneficiary on any such policy.

15. It should be the intention of the parties that each parent shall continue having a full and active role in providing a sound moral, social, economic and educational environment for the child.   The parents shall consult one another in those substantial questions relating to education programs, significant change in social environment, and non-emergency health care of the child.   The parties should recognize that this joint participation in the child's development shall not be exercised for the purpose of frustrating, denying or controlling in any manner the life style of the other parent.   The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interest of the child and in amicably resolving any such disputes which may arise.

16. Day-to-day decisions of a routine nature, including but not limited to bedtime, homework, emergency health care, and day-to-day school, religious, social and athletic activities customary for child of his age and maturity, shall be made by the parent with whom the child is actually staying.   The parents shall endeavor to cooperate and establish a mutually agreeable policy regarding such day-to-day decisions, but the primary responsibility for routine decisions shall rest with the parent with whom the child is then staying.

17. The parties agree that the happiness, well being and development of the child is of great importance.   Each party shall exert every reasonable effort to maintain free access and unhampered contact between the child and the other parent.   Neither party shall do anything that may estrange the child from the other party, or act in such a way as to hamper the free, natural and reasonable development of the child's love and respect for the other parent.

18. Each parent shall be entitled to all information from any physician, dentist, consultant or specialist attending the child and to be furnished with copies of all reports given by such people.   Each parent shall be entitled to all information from any teacher or school giving instruction to the child and to be furnished with copies of all reports by such teacher or school.   The parties agree that they shall furnish each other with any authorization necessary so that each may have full access to such information.

Judgment of dissolution of this marriage enters accordingly.

BY THE COURT,

Roche, J.

Roche, Vincent E., J.