Veronica Staley v. Brian Staley (2010)

MEMORANDUM OF DECISION

This matter was tried before the court on September 14, 2010 and continued on September 15, 2010.   The court has considered all of the evidence presented to it and carefully considered the respective criteria for orders of custody, child support, alimony, health insurance, property settlement, division of debt, and award of counsel fees.   The court makes the following findings of facts and orders.

The parties were married on September 25, 1982 in Vernon, Connecticut.   The court finds that it has jurisdiction over the marriage.   All statutory stays have expired.   Both parties have lived in the State of Connecticut for more than one year prior to bringing this action.   There are four children born to the parties since the date of the marriage;  only one, Timothy B. Staley is a minor, date of birth, December 2, 1993.   No other children have been born to the wife since the date of the marriage.   The parties have not received state or municipal assistance.   The court finds that the marriage between the parties has broken down irretrievably and there is no reasonable prospect of reconciliation.

The plaintiff is forty-eight (48) years old and in good health.   She has a high school education and no vocational skills.   The parties' oldest child, who is now twenty-six years old, suffers from cystic fibrosis.   As a result, the parties jointly agreed that the plaintiff would be a stay-at-home mom so that she could be there when the child needed her.   Eventually, the plaintiff went to work part-time as a cashier at various retail stores.   She looked for work at night so that she could stay at home during the day and care for the children.   In June 2005, she started to work full time at a dry cleaners earning $38,000.00 per year.   In January 2010, the plaintiff lost her job as a result of poor economic conditions.   Ever since then, the plaintiff has made reasonable attempts to find employment, but has not been able to do so.   The plaintiff has never earned more than $38,000.00 per year since the beginning of the marriage.

The plaintiff has a combined gross weekly income of $438 and a net weekly income of $385.   The plaintiff's income is based on unemployment compensation.   The plaintiff's weekly expenses total $837.   The plaintiff has a Rockville Bank checking and savings account totaling $447.   She has a Rockville Bank IRA with a balance of $8,321.   The plaintiff has a 2005 Jeep Liberty jointly with the defendant approximately valued at $9,800 with a loan balance of $5,650.

The plaintiff has $76,404 in liabilities.   She owes Branford Hall Career Inst. $4,889;  $15,295 in attorneys fees;  and $2,872 for her daughters' school.   The plaintiff lists a MEFA loan in the amount of $58,000.   The MEFA loan is a student loan that both the plaintiff and defendant co-signed for their daughter's education.   The MEFA loan lists the defendant as the borrower with the student and the plaintiff as co-signers.   However, the defendant testified that the primary obligor on the loan is the student.

The defendant is fifty-three (53) years old and in good health.   The defendant holds an Associate's degree in applied sciences.   He has been employed by the Metropolitan District (hereinafter MDC) since 1999 and is a shift supervisor.

The defendant has a combined gross weekly income of $1,942 and a net weekly income of $1,425.   The defendant averages 7.4 hour of overtime per week at a rate of $60.00 per hour.   The defendant currently resides in the marital home and has $838 in total weekly expenses.   The defendant has a pension through work valued at approximately $116,873 and a pension with an unknown value from his prior employer, Johnson Memorial Hospital.   The defendant has a MDC Credit Union checking and savings account with a combined balance of $35.   He also has a Federal Credit Union account with a balance of $5. The defendant has a 2002 Dodge Dakota approximate valued at $5,800 with a loan balance of $6,397.   He jointly owns a 2005 Jeep Liberty with an approximately value of $8,225 with a loan balance of $5,284.   He lists as his property a 1998 Ford Escort approximately valued at $1,875.

The defendant has $87,075 in total liabilities.   He owes $7,000 to his attorney;  $6,396 to AmeriCredit for his automobile;  $11,400 to Chase Bank;  $6,999 to Union Plus;  $5,100 to CitiBank.   The defendant also lists the MEFA student loan, in the amount of $50,179, as a liability.

The parties have a marital residence located at 29 Converse Street, Stafford Springs, Connecticut.   There is a mortgage lien in the amount of $78,315;  a $20,000 lien for an interest recapture provision from the USDA;  and a $15,535 lien for a home improvement grant that is payable only if the property is sold.

The parties continue to reside in the marital home together.   Originally, the parties agreed that the home should be listed for sale.   In May 2010, the home was listed with a real estate broker at $144,900.   There were no offers.   The listing price was subsequently lowered to $137,900.00.   There were still no offers.   The plaintiff believes that the house is really worth about $130,000 since there have not been any offers at a higher price.   The court finds that, in light of the lack of offers at a higher price, the house is worth approximately $130,000.   The plaintiff now wants to keep the house and live there.   At a value of $130,000, after commissions and incidental closing expenses, there is very little, if any, equity left.

The parties have one minor child that continues to reside with the parties in the marital home.   The minor child is a junior in high school.

This twenty-eight-year-old marriage broke down approximately ten to fifteen years ago.   After an anger outburst twelve years ago, the defendant left the marital home for about six months.   She eventually asked him to come back home.   She was worried about finances and raising their then young family alone.

The defendant has anger management difficulties.   He would have frequent outbursts of anger toward his wife and children.   To his credit, he has been addressing his anger issues with a professional for approximately five years.

ORDERS

After considering all the statutory criteria set forth in Connecticut General Statute sections 46b-56 as to orders of custody, care, education, visitation, and support of children;  46b-56a as to joint custody;  46b-56c as to educational support orders;  46b-62 as to orders for payment of attorneys fees;  46b-66a as to conveyance of real property;  46b-81, as to assignment of property and transfer of title;  46b-82, as to the award of alimony;  46b-84 as to parents' obligation for maintenance of minor child;  together with applicable case law and the evidence presented here, the court hereby enters the following orders:

Dissolution of Marriage

A decree dissolving the marriage, on the grounds of irretrievable breakdown, shall enter.

Custody Access

The parties shall share joint legal custody of the minor child, Timothy B. Staley, born December 2, 1993, primary residence with the plaintiff.   Defendant shall have liberal and reasonable access to and phone contact with the minor child.

Child Support

The defendant shall pay to the plaintiff child support in the amount of $233 per week until Timothy reaches the age of eighteen.   In the event that Timothy is eighteen years old and still in high school, child support shall continue until he graduates from high school or attains the age of nineteen.   Said child support is in accordance with the Child Support Guidelines.   The parties shall share any and all unreimbursed medical, optical, ophthalmological, psychological, orthodontic or dental expenses, 31% payable by the plaintiff and 69% payable by the defendant.

Child support shall be secured by a contingent wage withholding.

Alimony

The defendant shall pay the plaintiff $450 per week in periodic alimony for a period of fourteen (14) years from date of judgment.   Alimony shall be modifiable as to amount only.   The duration of alimony is intended to provide for the plaintiff until she reaches the age of 62 when she may begin to receive Social Security benefits if she wishes to and bring the defendant to the age full retirement, 67.   Alimony shall terminate on the death of the plaintiff or defendant, the plaintiff's remarriage or cohabitation pursuant to Connecticut statute and case law.

Real Property

The plaintiff shall have exclusive possession of the marital residence located at 29 Converse Street, Stafford Springs, Connecticut.   The defendant shall quitclaim all rights, title and interest in the marital residence to the plaintiff within thirty days (30) of judgment.

Debt

The plaintiff shall be solely responsible for the debts showing on her financial affidavit dated September 14, 2010, and she shall hold the defendant harmless therefrom.

The defendant shall be solely responsible for the debts showing on his financial affidavit dated September 14, 2010, and he shall hold the defendant harmless therefrom.

Post-Majority Education

The court finds that it is more likely than not that the parents would have provided support to the minor child for higher education if the family were intact.   The court shall retain continuing jurisdiction on the issue of post-majority education support of the minor child pursuant to Conn. Gen.Stat. § 46b-56c.

Motor Vehicles

The plaintiff shall keep as her sole property the 2005 Jeep Liberty listed in her financial affidavit.   She shall hold the defendant harmless and idemnified for taxes, registration, and insurance for said vehicle.

The defendant shall keep as his sole property the 2002 Dodge Dakota and the 1998 Ford Escort listed in his financial affidavit.   He shall hold the plaintiff harmless and indemnified for taxes, registration, and insurance for said vehicle.

The parties shall cooperate with each other to execute any and all necessary documents to facilitate the transfer of said vehicles.

Health Insurance

Each party shall be responsible for their respective health insurance.   In the event the plaintiff wishes to elect COBRA benefits though the defendant's current health provider, the defendant shall cooperate fully to ensure the plaintiff is covered through COBRA.

The defendant shall maintain health and dental insurance for the minor child through his place of employment.

Life Insurance

The defendant shall maintain a policy of life insurance in the amount of two hundred and fifty thousand dollars ($250,000) naming the plaintiff as beneficiary as long as there is an alimony obligation.

Personal Property

The defendant submitted into evidence a “Defendant's Amended List of Personal Property.”  (Exhibit F.) Exhibit F,* attached hereto, consists of 82 items he wishes to have as his property.   The defendant shall have all the listed items except the following items.   The plaintiff shall have as her sole property the following numbered items from said list;

1) Sauder TV stand,

2) 32” LG LCD television,

3) LG DVD player,

4) Pioneer multi-channel receiver,

5) HP Pavlion desktop computer,

12) Cyber Acoustics 3-piece speaker system,

15) KLH stereo receiver,

22) Sirius Satellite Radio,

28) White 22” lawn mower and bagger,

10) DVD collection,

62) Steel rake, plastic rake,

78) Kitchen set (table and chairs),

79) Fabric couch with table and lamp,

80) Yardman 8hp snow blower.

Bank Accounts

The parties shall each retain their own bank accounts.

Pension, IRA and Retirement Assets

The plaintiff shall keep as her sole property the Rockville Bank IRA approximately valued at $8,321.

The defendant shall transfer to the plaintiff by way of a Qualified Domestic Relations Order, fifty percent (50%) of the MDC Pension listed on his financial affidavit dated September 13, 2010, valued at the date of dissolution.   The defendant shall transfer to the plaintiff by way of a Qualified Domestic Relations Order, fifty percent (50%) of the Johnson Memorial Hospital pension listed on his September 13, 2010 financial affidavit, valued as at the date of dissolution.   The parties shall retain Attorney Elizabeth Lorion McMahon to prepare a Qualified Domestic Relations Order.   The parties shall share equally any and all costs to prepare the Qualified Domestic Relations Order including any administrative fees from the institution.

Dependency Exemption

The parties shall alternate the minor child as an exemption for federal and state tax purposes beginning with the defendant claiming the minor child for the 2010 tax year.

Attorneys Fees

The defendant shall contribute $7,500 towards the plaintiff's attorneys fees.

Suarez, J.

*The referenced Exhibit has not been reproduced herein.

Suarez, José A., J.