Sarah Vining v. William Vining (2010)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders:

The parties were married in Chatham, Massachusetts on September 17, 1994.   The marriage has broken down irretrievably, with no hope of reconciliation.   The defendant is at fault for the breakdown of the marriage due to his abandonment of the plaintiff and adultery.   Neither party was a recipient of state aid during the pendency of the marriage.   The plaintiff has resided in the State of Connecticut for at least 12 months prior to commencement of the instant action.   The court has jurisdiction.

One minor child was born issue of the marriage, Lily Vining, date of birth January 15, 2002.   The plaintiff wife is not pregnant.

The plaintiff, Sarah Vining, hereinafter referred to as “the plaintiff,” is in good health.   She is a college graduate, working part-time, 26 hours per week, as a marketing specialist, making $13 per hour.   The defendant, William Vining, hereinafter referred to as “the defendant,” is in generally good health, and is employed as a sales representative for Red Prairie, a computer software manufacturer based in Waukesha, Wisconsin.   His gross annual income is approximately $110,000 and he is entitled to commissions of between four and one-half percent and 12 percent based on the amount and values of his sales of software.   He attended college, but is two credits short of his degree.

The parties own two pieces of real estate.   The family residence, located at 320 South Main Street, Wallingford, Connecticut, is currently on the market, with an asking price of $449,000.00.   It is encumbered by a two mortgages in the total amount of $296,000.The parties also jointly own one-half of property and improvements located at 6 Vaz Place in Wallingford, Connecticut.   The latter property is the residence of the plaintiff's mother, and is valued at $210,000, encumbered by a $104,000 mortgage.   The parties' combined equity in that property is estimated at $53,000.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn there from, and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:

1. The parties shall share joint legal custody of the minor child, with the primary residence to be with the plaintiff.   The defendant shall have visitation with the child every other weekend from Friday at 6 p.m. to Sunday at 6 p.m., with all visitations taking place in Connecticut unless agreed to the parties in writing or ordered by the court.   The defendant shall have three non-consecutive weeks of visitation with the child each summer, and shall alternate the February and April school vacations with the plaintiff each year.   The defendant shall also have visitation with the child on Christmas Eve until 10:30 p.m. each year, with the plaintiff having the child on Christmas Day until 3 p.m. The parties shall alternate visitation for Thanksgiving and Easter each year.   The defendant is ordered to curtail all travel for his employment during his times of visitation.   If he is unable to do so, the child shall remain with the plaintiff.   Each parent shall have reasonable telephone access to the child when she is with the other parent.

2. The defendant husband shall pay child support in the amount of $223.00 per week, pursuant to the child support guidelines, attached hereto.*   The defendant husband is also ordered to pay the plaintiff wife the sum of $750.00 per week in alimony, as well as 20 percent of his gross income from commissions each year as additional alimony.   The order of alimony shall terminate upon the remarriage of the plaintiff or death of either party.   Those payments shall be made via immediate wage withholding.

3. The defendant shall, within 30 days of the date of judgment, quit claim all of his interest in the marital home located at 320 South Main Street, Wallingford, Connecticut.   The marital home shall be sold, and until the property is sold, the plaintiff shall have exclusive use of the property.   Until the house is sold, the defendant shall pay the mortgage, home equity loan, real estate taxes, insurance, all utilities and trash removal.   Upon the sale of the property, the plaintiff shall retain 80 percent of the net proceeds, and the defendant 20 percent of the net proceeds from the sale.   Neither party shall encumber the property in any way during the pendency of the sale.   The plaintiff, upon sale and closing, shall pay off the existing mortgage and home equity loan on the property.   Each party shall hold harmless and indemnify the other from any costs, expenses and/or claims relating to their individual financial responsibilities delineated herein.   The court shall retain jurisdiction over the sale of the property.

4. The defendant shall, within 30 days of judgment, convey to the plaintiff any and all interest he has in the property located at 6 Vaz Place, Wallingford, Connecticut.   Upon the recording of such conveyance, the plaintiff shall be solely responsible for any and all costs, expenses and claims related to the property and shall hold harmless and indemnify the defendant from them.

5. The defendant shall, at his sole expense, provide health and/or medical insurance for the wife's benefit for a period of three (3) years following the entry of judgment in this matter.   The defendant shall also maintain health insurance through his employer for the benefit of the minor child.   The defendant shall pay 80 percent, and the plaintiff 20 percent, of all unreimbursed medical, day care and extracurricular expenses for the minor child.   The defendant shall also maintain life insurance in the amount of $350,000, naming the plaintiff as sole beneficiary, until such time as his alimony obligation under these orders shall cease.

6. The plaintiff shall convey to the defendant any and all interest she has in the boats and snow blower that were referred to during the trial.

7. The plaintiff shall retain the balance of the Liberty Bank account referred to on her financial affidavit.

8. The defendant is hereby ordered to convey to the plaintiff 50 percent of any and all deferred income accounts he has, including but not limited to his Fidelity IRA, his 401K. The defendant shall be solely responsible for any and all costs related to a Qualified Domestic Relations Order relating to these transfers.

9. Other than as stated herein these orders, the parties shall own outright their individual bank accounts listed on their respective financial affidavits and shall be solely responsible, and hold harmless and indemnify the other party, for all those liabilities listed on their respective financial affidavits.

10. The parties shall divide their personal property, and any disputes regarding that division shall be referred to Family Services for binding arbitration.

11. The defendant is ordered to pay the plaintiff's legal fees in the amount of $10,000, within six months of the date of judgment.   He is responsible for full payment of his own legal fees.

12. The parties shall alternate claims of the minor child for tax purposes each year, with the defendant taking the exemption for the current calendar year.

13. The court will retain jurisdiction regarding any post-secondary education support orders for the children, pursuant to C.G.S. Sec. 46b-56c.

The marriage is hereby ordered dissolved.

Mark T. Gould, J.

*Editor's Note:  The referenced attachment has not been included with the reported opinion.

Gould, Mark T., J.