Emily Falco v. Joseph Falco (2010)

MEMORANDUM OF DECISION

The plaintiff, whose birth name was Emily Alamo, and the defendant intermarried on 9-12-98 at Bridgeport, Connecticut.   There are two children issue of the marriage, Joseph A. Falco DOB 2-7-99, and Nicole M. Falco DOB 11-22-99.   The court has the requisite jurisdiction.   The plaintiff claims that the defendant has been guilty of intolerable cruelty in violation of § 46b-40(c)(8) of the Connecticut General Statutes and the court finds same to be true.   The State of Connecticut has provided payments to Husky and provided food stamps for the children.

While the marriage is only a little more than ten years duration it has been stormy.   The court finds that plaintiff's claims of physical and emotional violence are well grounded.   In addition the husband has made threats of violence that are very serious.   Shortly after the marriage the husband injured himself while working as a school security guard and has been on 20% disability of his lower back.   In addition, the parties' daughter who is 11 years old has a disability that requires special needs and attention.   The wife was required to live in a domestic violence shelter and the husband has been the subject of criminal proceedings and various restraining orders.   He lives by himself in the home in Stratford that is solely in his name while the wife and two children have sought refuge with her parents.   His home is the subject of foreclosing proceedings.   He has failed to comply with his child support orders and is frequently in default.   It would serve no purpose to further describe the events in this marriage and the court finds the husband is responsible for its breakdown.

He claims he has a 20% disability of his low back and that it restricts his physical activity.   He has not sought any gainful part-time or full-time employment.   If his disability award is not affected by gainful employment he is ordered to search for and obtain at least part-time gainful employment.

Orders

The Court has carefully the criteria set forth in § 46b-81 and 82, Connecticut General Statutes in entering its orders.   It has also considered the gross and net income as well as the expenses of both parties.

1. The marriage has broken down irretrievably and is dissolved.

2. The real estate owned by defendant at 264 Weber Avenue, Stratford is subject to foreclosure proceedings.   In the event said real estate is sold or is rented and produces any return to the defendant said sum shall be equally divided by the parties.   If there is equity it shall be listed and sold within three years from date of judgment.

3. CUSTODY

Sole custody of the minor children is awarded to the wife.   The wife shall be the physical custodial parent.   The husband will have supervised visitation with the children at his expense until further order of the court.   The wife will have final decision making authority.   See “Schedule A” annexed hereto for implementation of Guardian Ad Litem report.

4. CHILD SUPPORT

The husband shall pay child support to the wife of $110.00 per week.   Additionally, he will continue to pay $20.00 per week, on the arrearage of $1,093.00, until paid in full.

5. ALIMONY

The wife is awarded alimony at the rate of $60.00 per week, for a period of five (5) years.   No alimony is awarded to the husband.

6. PERSONAL PROPERTY

The following items of personal property shall be the exclusive property of the wife and delivered to her by a third party within 15 days from date of judgment:

Children's books and personal property;

X-Box 360 & WII;

Kitchen Aid Mixer;

Hitachi 52” TV (Projection);

Collectables from dining room hutch;

Split Kitchen-pots, pans, bakeware;

Personal Clothing

7. HEALTH INSURANCE

The children are presently on Husky Plan through the State of Connecticut.   The parties will share equally any unreimbursed medical or dental expenses.

8. MOTOR VEHICLES

The wife shall retain the 2002 Chevrolet Suburban free of any claim by the husband.

The wife shall be responsible for all costs associated with ownership of said vehicle.

The husband shall retain the 1995 Chevrolet Silverado free of any claim by the wife.

The husband shall be responsible for all costs associated with ownership of said vehicle.

9. DEBTS/LIABILITIES

The husband shall be responsible for all debt listed on his Financial Affidavit.   The wife shall be responsible for her student loan debt listed on her Financial Affidavit.

The Kohl's and Verizon Wireless debt shall be shared equally.

10. INCOME TAX

The parties shall file separate income tax returns commencing with the 2010 filing.   The wife shall claim both children as exemptions on future income tax returns.

11. EDUCATIONAL SUPPORT ORDER

The court will retain jurisdiction relating to educational support in accordance with § 46b-56c of the Connecticut General Statutes.

12. Each party shall be responsible for their respective attorney fees.

OWENS, J.T.R.

SCHEDULE “A”

The report of the guardian ad litem is implemented as follows:

1. The plaintiff-mother shall retain sole physical and legal custody of the minor children.   The plaintiff-mother has a standing protective order against the defendant-father.

2. The defendant-father is permitted supervised visitation at this time.   The defendant-father shall participate in therapeutic visitation and the therapist shall make a recommendation regarding future visitation.

3. The minor children have requested to stay in the same school system (Stratford).   The defendant-father maintains a residence in that town while the children reside with the plaintiff-mother in Bridgeport.   The minor child, Nicole, receives special services from the Stratford school system to address neurological concerns.   It is recommended that the minor children remain in the Stratford school system.   This would permit the children continuity in services.   It would also permit the defendant-father a measure of access (as controlled by the school system) and involvement with his children at subsequent times.

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