Diane Larsen v. Robert Larsen (2010)

MEMORANDUM OF DECISION

The parties intermarried at Trumbull, CT on September 14, 2002.   The plaintiff's birth name was Diane Rutkowski.   There is one child issue of the marriage, Ava Grace Larsen, born April 26, 2006.   The Court has the requisite jurisdiction.   The marriage has broken down irretrievably and the marriage is dissolved.   The marriage has had a duration of approximately seven years.   The Court has not considered the issue of fault because of the lack of assets and the short duration of the marriage.

Orders

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

1. Neither party is awarded alimony.

2. The defendant has an existing obligation in the amount of $11,627 for alimony and child support (9/14/10).   It is ordered that said arrearage shall be paid at the rate of $125.00 per week until paid in full.

3. The defendant shall pay $130.00 per week in child support and a wage garnishment shall issue for same.   Support shall terminate when the child is 19 years old or upon her graduation from high school.   Defendant shall pay 36% of all unreimbursed medical and dental expenses.

4. If plaintiff's existing health insurance policy allows, the defendant may be carried on same at no expense to her.

5. As long as the minor child resides in Newtown, Connecticut she shall attend public school in said community.

6. Each party shall be responsible for their debts as set forth in their respective affidavits and the claims of George Ganim shall be paid by the defendant.

7. Each party shall be responsible for their respective attorney fees and costs.

8. The parties shall file all tax returns for the year 2010 separately.   The plaintiff shall have any dependency deduction.   The Court shall retain jurisdiction for educational expenses pursuant to § 46b-56(c) Connecticut General Statutes.

9. Defendant shall maintain life insurance policy for the benefit of the minor child in the amount of at least $50,000.

10. Plaintiff shall have exclusive ownership of her engagement ring.

11. The items listed on Exhibit A shall be the exclusive property of the plaintiff.

12. The parenting plan marked “Exhibit B” is in the best interest of the minor child and is fair and reasonable.

13. The financial assets listed on the parties' respective affidavits shall be their own exclusively.

14. The total fees and expenses of the guardian ad litem shall be equally divided by the parties and paid within 45 days.

EXHIBIT A

Plaintiff's Personal Property

Antique Dresser (that father gave, from the old bedroom)

2 Barister Bookcases (injected from father)

Father's Bible (inherited from father)

Burgundy fainting couch (gift)

Personal bins with from with plaintiff's name on it from the old cellar

Dining room set (table, chairs, buffet, curio)-may be damaged

Small book shelf with lower drawer (in cellar of old house, father's)

All white house gifts (prints, post cards, booklets)

Christmas ornaments-personal chandler

Some other holiday items (Thanksgiving ceramic turkey, personal item)

Halloween and Easter storage boxes

75% of DVD movies (defendant uses Blue-Ray)

Green table with shelves (purchased at Christmas Tree Shop)

Books, plaintiff's father's old books, Star Wars Queen Ali book (gift)

Mustard table runner

Ava's bedroom Armoire clock

Kitchen island with four stools

Water cooler

Some CDs (plaintiff to look at titles)

Pink Ava stool

EXHIBIT B

PARENTING AGREEMENT

1. Joint Custody.   The parties shall have joint legal custody of Ava, until she attains her majority, subject to the parenting plan set forth below.

1.2 Parenting Decisions.

The parties shall confer with each other on all important matters pertaining to Ava's health, education (including choice of day care facilities and pre-schools, hours of attendance, etc.), religion, welfare and upbringing, with the view to arriving at a harmonious policy, and shall make joint decisions calculated to promote Ava's best interests.   Each party shall have sole decision-making authority with respect to the routine day-to-day decisions affecting Ava when Ava is with that party, subject to Ava's activities upon which the parties have previously agreed.

1.3 Maintaining Relationship;  Access.   The parties shall exert every reasonable effort to maintain free access and unhampered contact between Ava and both parents, and to foster a feeling of affection between Ava and both of their parents.   Neither party shall do anything which may estrange Ava from the other party nor injure the opinion of Ava as to their mother or father nor act in such a way as to hamper the free and natural development of Ava's love and respect for the other party.

1.4 Information. The parties shall keep each other reasonably informed as to all important matters pertaining to Ava's health, education, religion, welfare, and upbringing.   Both parties shall be entitled to obtain full information from any physician, therapist counselor, etc. attending any of Ava for any reason whatsoever and from any teacher, tutor or school giving instruction to any of Ava. The parties shall share in a timely manner all notices and information relating to school meetings & events and extracurricular activities, so as to enable both parties to attend such meetings and events.

1.5 Illness of or Injury to Ava.

In the event of the illness or personal injury of Ava, the first party to learn of such illness or injury shall notify the other immediately and each party shall keep the other informed at all times of the whereabouts and condition of said child.   For purposes of this paragraph, the word “illness” shall mean any sickness or ailment, which requires the services of a physician, and the word “injury” shall mean any harm to a child as a result of which the services of a physician are reasonably required.   The mother shall be the primary parent to be called in event of illness or injury.   To the extent permitted, both parents shall be designated to be contacted in the event that Ava becomes ill or is injured.   In the event that the school (camp, etc.) calls the mother to pick up the child and she is unable to get there in a reasonable period of time, the mother will contact the father prior to assigning a third party to pick up the child.   If it is mother's night to have the child with her, and the father is unavailable to pick up the child, the father shall agree to a third party picking up the child at the mother's request.   If it is the father's night to have the child, the father shall pick up the child if he is able to do so.   If he is not, then he may designate a third party to pick up the child.

2. Parenting Plan. The parties have agreed upon the following parenting plan by which they are allocating their time with Ava.

A. Weekends

Subject to subparagraph D of this paragraph 2, the Father shall have Ava with him every other weekend from approximately 4:30 pm Friday through 6:00 pm Sunday, and one Sunday per month overnight on Sunday until Monday drop off at school (or summer activity) at 8:00 am.

B. Three-Day Weekends

Whichever parent has Ava with her/him at the beginning of a three-day weekend shall have Ava on the third day.   The Father shall return Ava at 6:00 PM on the third day of such weekends.

C. Weeknights

Subject to subparagraph D of this paragraph 2, the Father shall have Ava with him Tuesday overnights beginning at approximately 4:30 PM. and alternating Thursdays leading into Mother's “Weekend.”   The parties have agreed that as of the date of execution of this Agreement, the Father's two weeknights with Ava are Tuesday & every other Thursday.

D. School Vacations

Christmas Break to be shared by the parties.

Winter Break to be shared by the parties.

Spring Break to be shared by the parties.

Notwithstanding the above, if one party wishes to have the child for the entire week of winter or spring break, they shall notify the other by (December 1) preceding the vacation week, and the other party may then opt to have the child for the entire week of the other break.   The parties shall be mindful of the other events and activities which may be scheduled for the child.

Holidays and school vacations take precedence over the normal parenting schedule.

E. Holidays.

Labor Day-defined as 9:00am to 6:00pm.   The mother will have the odd years beginning 2009 and the father will have the even years.

Columbus Day-Whichever party has the child for the weekend adjoining the Monday holiday has the child for the entire scheduled weekend time through 6:00 p.m. on Columbus Day.

Halloween-Defined as 12:00 noon or at the end of the school day through drop-off at school the next morning.   The mother will have in odd years the father will have even years.

Thanksgiving-Defined as two parts:  5:00pm the “eve” of through Thanksgiving Day till 5:00pm.   The second part is 5:00 pm Thanksgiving Day through 5:00 pm the following day.   The mother will have the first part of the holiday in odd years.   The father will have the first part of the holiday even years, and rotating thereafter.

Christmas Eve - Defined as 12:00 noon through Christmas Day 12:00 noon.   The child will be with the father in odd years and with the mother in even years.   Either party may take the child away for the holiday if agreed upon in writing by the parties.

Christmas Day-Defined as 12:00 noon through following morning 12:00 noon.   The child will be with the Mother odd years and the Father in even years.

New Years Eve-Defined as 12:00 noon through New Years Day 12:00 noon.   The mother will have the child in odd years and the father will have her in even years.

New Years Day-Defined as 12:00 noon through the following day at 12:00 noon.   The parent who does not have the child on New Year's Day eve will have the child during this time slot.   The mother will have the child in even years and the father will have her in odd years.

Martin Luther King, Jr. Day-Whichever parent has the child for the weekend adjoining this Monday holiday will have the child for the entire weekend time through 6:00 pm.

Super Bowl Sunday-Defined as two parts:  the “eve” of until 12:00 noon the day of and 12:00 noon the day of Super Bowl through drop off at school the next morning.   The Father will have the 1st time slot in odd years and the Mother the 2nd time slot.   In odd years the mother will have the 1st time slot and the father will have the 2nd.

Valentine's Day-The parent who does not have regularly scheduled access with the child that day will have the child from 4:30 pm until 6:30 pm.

St. Patrick's Day-The parent who doesn't have regularly scheduled access with the child that day will have her from 4:30 pm until 6:30 pm.

Good Friday-Defined as from 9:00 am until 6:00 pm.   The father will have the child in even years and the mother will have odd years.

Easter-Defined as two parts:  the first is the Saturday before Easter at 12:00 noon to Easter Sunday at 12:00 noon.   The second is Easter Sunday from 12:00 noon to the return to school the next day.

In even years the mother will have the 1st time slot and the father the 2nd.   In odd years the father will have the 1st time slot and the mother will have the 2nd.

Either party may take the child away for the holiday if agreed upon in writing by the parties.

Mother's Day-Defined as 9:00 am the eve of through 8:00 am or drop off at school the next day.   The child will be with the mother every year.

Father's Day-Defined as 9:00 am through drop off at school on Monday at 8:00 am.   The child will be with the father every year.

Memorial Day-Defined as 9:00 am to 8:00 am or drop off at school the next day.   The child will be with the mother in even years and the father in odd years.

Fourth of July-Defined as 9:00 am to 8:00 am or drop off at school the next day.   The child will be with the father in even years and the mother in odd years.

Parents' Birthday-Defined as 9:00am to 6:00pm.   The child will be with the parent celebrating their Birthday if it is not his/her normal access time.

Ava's Birthday-Defined as two parts:  the first part is 6:00 pm the eve of through drop off at school the next day.   The second time is 4:30 pm the day of through drop off at school the next day.   If birthday falls on weekend the dropoff will be at 9:00 am at the exchanging location (not at school).   The Father will have the first time slot in even years and the second part in odd years.

F. Summer Vacation:

Each party may have two (2) non-consecutive weeks of vacation time with Ava each summer.   The parties shall agree by May 1 each year of when their weeks will be taken.   If the child is going to attend summer camp or some accredited children's program, the parties shall make reasonable efforts to agree on the weeks she will attend such camp or program by April 1 of each year, and shall also agree on which camp or program she will attend.   The parties shall share equally the cost of any such camp or other accredited children's program.

G. Miscellaneous

1. Drop-off and pick-ups if not at school on said days will be at Starbuck's in Monroe CT.

2. Each parent shall be responsible for returning personal items of Ava that travel with Ava (e.g. security items, school books, binder etc.) between the parties' homes.

3. The parties shall agree upon, and reasonably abide by, Ava's bedtimes (currently 8:00 PM during the week and 9:00 PM on weekends).

4. In the event that either party plans to be away from Ava for more than 4 hours during that parent's time with Ava pursuant to this parenting program, such parent shall give reasonable notice to the other parent and the other parent shall have the right of first refusal.

5. Each party may have reasonable telephonic access to Ava each day between approximately 7:00 p.m. and 7:30 p.m.

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