Stephanie Desouza v. Edward Desouza (2010)

MEMORANDUM OF DECISION

The plaintiff, whose birth name was Stephanie Goldberg, and the defendant intermarried on October 20, 1984 at Weston, Connecticut.   While there are three children issue of the marriage, only one is a minor, Hanna G. Souza, born on September 26, 1994.   The court has the requisite jurisdiction.

The husband who is 54 years old is a success story whose achievements have been remarkable but have ended too soon for reasons of health.   After considering all the evidence from both parties on the issue of fault for the breakdown of the marriage, blame rests heavily with the wife.   Husband, as is not unusual with a person with his accounting background, required detailed accounting of the monies he advanced to the wife.   There is no claim that he is parsimonious but to find that he is profligate spender would be an exaggeration.   An examination of the evidence and exhibits indicates that he has been a financial success.

While the wife denies most of husband's allegations the court finds credible many of his claims as to her misbehavior directed toward him through the last years of the marriage and particularly only when he was suffering serious physical disability as well as emotional problems.   It would serve no purpose to detail wife's behavior directed at her husband but the court if requested will detail same.

The wife who is 55 complains that her husband was not around the house enough and spent little time with the children and their activities.   When the court takes into account all of the testimony and the hours the husband spent to achieve much success, there is nothing to support a claim that he was anything but an excellent father.

It should be noted that neither party brought significant financial assets into the marriage.

Orders

The Court has carefully considered all of the criteria set forth in §§ 46b-81 and 46b-82, Connecticut General Statutes as well as the assets, liabilities, and income of the parties in entering its orders.

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

2. Custody and Visitation

a. The parties shall have joint legal custody of the minor child with primary residence to be with the plaintiff.   The defendant shall have, at a minimum, parenting time every other weekend starting Friday, after school, through Monday morning when he will drop the child off at school, and twice a week for dinner from 5:00 p.m. through 7:00 p.m., unless the minor child, Hanna, wishes a different parenting time at any time.

b. With respect to holidays, the parent who has the child on Monday shall have the holiday, and if it is the defendant, he will return the child to school on Tuesday mornings.

c. School vacations shall be alternated, and the summer vacation shall be determined by the parties no later than May 1 of each year.

3. Division of Real Property

a. 8 Classic Drive, Trumbull, Connecticut

1(a).  The real property located at 8 Classic Drive, Trumbull, Connecticut shall remain in joint ownership of the parties.   The real property shall be listed for sale no later than March 1, 2012.   The listing price shall be by mutual agreement and if they cannot agree each party shall select an appraiser and the appraisers shall select a third appraiser who shall set the listing price.   The cost shall be shared equally by the parties.   The listing price shall be reviewed using the same procedure every 60 days.   Any offer to purchase the real property that is within 5% of the listing price must be accepted by the parties.   Any offer that is greater than 5% of the listing price may be accepted by the parties and if they cannot agree then the decision to accept the offer and sell the property shall be determined by the Superior Court at Bridgeport.   The parties shall cooperate fully in the sale of the real property including making the premises available for showing and broom clean.

1(b). In the alternative the real property located at 8 Classic Drive, Trumbull, Connecticut shall be immediately placed on the market for sale under the same terms and conditions as set forth above.

2. The net proceeds from the sale of the real property shall be divided equally by the plaintiff and defendant.   Net proceeds shall be defined as the gross sales price less the payoff of the home equity line, real estate commission, conveyance taxes, attorneys fees and any other costs of closing.

3. From December 18, 2010 until the closing the plaintiff shall have exclusive use of the premises unless sooner sold.   The plaintiff shall pay all the carrying charges for the property including but not limited to:  home equity line, real estate taxes, homeowner's insurance, sewer assessment, utilities (electricity, heating, water, cable t.v.) garbage, maintenance and yard work.   The plaintiff shall be entitled to 100% of any real estate tax credit adjusted at the closing.   The parties shall divide equally the cost of major repairs.   Major repairs shall be defined as any one item in excess of $1,000.00.   No major repair shall be made except in the case of any emergency without the mutual agreement of both parties and court order.   No capital improvements shall be made without the mutual consent of both parties.

4. If a party has caused damage to the real property that party shall be responsible for the repair.

5. Notwithstanding anything to the contrary, the defendant shall have the right to buy out the plaintiff's one-half interest at any time before it is sold to a third party and pay an amount to the plaintiff equal to what she would have received if the real property were sold to a third party.   If the defendant does not exercise his right to buy out the plaintiff then the plaintiff shall have the right to buy out the defendant's one-half interest in the real property and the defendant shall receive an amount equal to what he would have received if the property were sold to a third party.

b. 154 Maggie Drive, East Quogue, New York

1.  The real property located at 154 Maggie Drive, East Quogue, New York, shall remain in joint ownership of the parties.   The real property shall be immediately listed for sale.   The listing price shall be by mutual agreement and if they cannot agree each party shall select an appraiser and the appraisers shall select a third appraiser who shall select the price.   The cost shall be shared equally by the parties.   The listing price shall be reviewed using the same procedure as set forth in this paragraph above, every 60 days.   Any offer to purchase the real property that is within 5% of the listing price must be accepted by the parties.   Any offer that is greater than 5% of the listing price may be accepted by the parties and if they cannot agree then the decision to sell the property shall be determined by the Superior Court at Bridgeport.   The parties shall cooperate fully in the sale of the real property including making the premises available for showing and broom clean.

2. The net proceeds from the sale of the real property shall be divided equally by the plaintiff and defendant.   Net proceeds shall be defined as the gross sales price less real estate commission, conveyance taxes, attorneys fees and any other costs of closing.

3. Until the closing the plaintiff shall have sole access to the premises from June 1 to August 31 unless the property is sold and the defendant shall have sole access from September 1 through May 31 unless the property is sold.

4. If a party has caused damage to the real property that party shall be responsible for the repair.

5. The plaintiff and defendant shall share equally all carrying charges for the property.   In order to effectuate this obligation a joint household account shall immediately be established with $25,000 from the Bear Sterns account before it is divided.   This money is to be used for the normal carrying charges including, but not limited to, real estate taxes, maintenance, repairs (not caused by a party), homeowners' insurance and utilities.   If the fund is exhausted then the parties shall deposit the sum of $10,000 and continue to do so every time it is depleted.   Any funds remaining at the time of the closing shall be divided equally.

6. The Superior Court of Bridgeport shall retain jurisdiction with respect to any dispute concerning the sale, use, maintenance or payment of expenses with respect to the Quogue, New York real property.

4. Division of Personal Property

a. The Bear Stearns U.S. Treasury Fund shall be divided in such a manner that the defendant receives $75,000 more than the plaintiff.

b. All of the retirement accounts listed on the defendant's financial affidavit shall be divided equally as adjusted for gains and losses up to the date of division between the parties.   The cost of any QDRO shall be shared equally.

c. The plaintiff shall be the owner of the 2006 Lexus and the defendant shall be the owner of the 2010 Subaru.

d. The Chase savings account with approximately $60,000 in it shall be divided equally between the parties as the balance exists as of the date of this judgment.   Any other checking accounts shall remain the property of the party in whose name the account is in.

e. Each of the parties shall retain any cash in his or her possession.

f. The household contents of both Trumbull, Connecticut and Quogue, New York shall be divided by the parties by mutual agreement and if they cannot agree then the parties shall submit to binding arbitration no later than sixty (60) days from the date of judgment.

g. The plaintiff shall retain ownership of all of her jewelry which was acquired during the marriage.

5. Alimony

a. The plaintiff shall pay to the defendant as alimony the sum of $1.00 per year.   The alimony payment shall terminate upon the first of the following events:  death of either party, remarriage of the defendant or his cohabitation pursuant to Connecticut General Statutes § 46b-86b.

b. The defendant shall pay to the plaintiff as alimony as follows:

1. 35% of his disability payments until the disability payments end end on May 31, 2011.

2. 35% of his pension benefits ($1,409 per month) until the pension payments end on June 30, 2023.

3. 30% of his Social Security Disability Benefits ($736.00 per month) until the disability payments cease and are converted to regular Social Security retirement payments.

4. 15% of the Long Term Compensation Plan payments ($1,875.00 per month) until the payments cease which is 121 months after the commencement date of March 1, 2014 which would be April 1, 2024.

5. One dollar per year after the payments provided for in b1-5 terminate.

6. All alimony payments to the plaintiff shall immediately cease upon the death of the defendant or the death or remarriage of the plaintiff or her cohabitation pursuant to Connecticut General Statutes § 46b-86b.

c. Each party shall the right to earn $50,000 per year before the other party may seek a modification of the alimony obligations set forth herein.

6. Child Support

The minor is presently receiving the sum of $1,227.00 per month as a result of the defendant's disability.   This payment shall be used to satisfy the child support obligations.   Additionally, as supplemental child support the sum of $24,000 was received for retroactive payments for the minor child as a result of the defendant's disability and these funds can be used for her support by mutual agreement of the parties or court order.   The defendant shall continue to be the sole custodian of Hanna's account for the retroactive payment of social security benefits.

7. Health Insurance

The plaintiff shall obtain health insurance for herself at her cost.   The policy shall also cover two of the children, Brad and Hanna and, if permitted, Devin.   The defendant shall pay the plaintiff as soon as the policy is in place and on the anniversary date thereafter of its issuance one-half of the cost of insuring the children in one payment covering the entire year.   If the defendant can cover Brad and Hanna for less money then he will provide the health insurance coverage for them with the cost also to be split.

8. Uninsured Medical and Dental

The plaintiff shall be responsible for 50% and the defendant 50% of all uninsured medical and dental expenses for the minor child until she attains the age of 18.

9. Life Insurance

For as long as the defendant has an alimony obligation he shall name the plaintiff beneficiary of $1,000,000 of life insurance.   The children shall remain equal beneficiaries of the remaining life insurance until child attains the age of 26 years at which time the defendant is free to name anyone including the children beneficiary of the life insurance.

10. Taxes

The parties shall file separate tax returns for calendar year 2010.   The parties shall share equally any liability or refund for previously filed joint returns.   The parties shall alternate the dependency exemption for Hanna starting with the defendant in 2010 since the plaintiff has no income for 2010, unless either party cannot utilize the exemption, in which case the dependency exemption shall go to the other party.

11. Debts/Liabilities

Each party shall be responsible and indemnify and hold harmless the other party for any debts listed or unlisted on their own financial affidavits including specifically the plaintiff paying for her recent automobile accident damage.

12. Education

The court shall retain jurisdiction to enter an educational support order pursuant to Connecticut General Statutes, however, all funds that have been set aside and are reflected on the defendant's financial affidavit for the children's education shall be used first.   Any funds held for a child shall be given to that child.   The defendant shall remain sole custodian for each account held for the benefit of the children.

13. Occupation of Marital Residence

The defendant shall vacate the marital home no later than December 18, 2010.

14. Attorneys Fees

Pursuant to the agreement of counsel each party shall be responsible for the remaining balance of his or her own attorneys fees.

15. Fraud

In the event it is discovered that the defendant has failed to disclose a substantial asset on his financial affidavit and it is discovered after the divorce then the court may award the entire asset to the plaintiff.

OWENS, J.T.R.

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