Kimberly L. Atherton v. Craig K. Atherton (2010)

MEMORANDUM OF DECISION

The plaintiff, whose birth name was Kimberly L. Peterson, and the defendant intermarried at New Canaan, Connecticut on October 19, 1996.   The court has the requisite jurisdiction.   There are two minor children issue of the marriage Lindsey P. Atherton, born October 14, 1997 and Kyle S. Atherton, born October 10, 2001.   Neither of the parties have been the recipient of state or local assistance.

The husband is 55 years old and the wife is 48 years old.   The parties' marriage is of approximately 13 years duration.   Fortunately the wife has worked energetically and forcefully and has been very careful with the family funds.   She has been the major bread winner.   Both parties are outstanding parents.   Neither party is at fault for the breakdown of the marriage.

The wife has not met her burden of proof with respect to husband's alleged infidelity occurring prior to the time that the parties' marriage had in fact broken down or prior to her institution of this action.

The facts make clear that this marriage has broken down because the husband was unable to keep up with the wife by way of generation of income and this has affected the morale of both parties.   She works extremely hard and the fact that her husband was not producing sufficient income placed a heavy emotional burden on her.   The husband has struggled financially.   He has worked at waiting on tables at local restaurants and for many years as a commercial airline steward.

ORDERS

The court has carefully considered the income, expenses, assets, and liabilities in entering orders that have not been agreed upon by these parties.   The stipulation signed by the parties is marked Exhibit A and annexed hereto.   With respect to the date that defendant has been ordered to vacate, the court has set the date of same.   With respect to these orders the court has considered the criteria set forth in §§§ 46b-81, 46b-82 and 46b-8(c), Connecticut General Statutes.   The court has considered the parties' agreements in conjunction with the issues the court must decide.

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

2. Neither party shall pay alimony to the other.

3. The parties have executed and presented a well designed trial stipulation agreement marked as Court Exhibit A and attached hereto.   As relates to the family home pursuant to the parties' agreement the plaintiff shall have exclusive possession of the real estate no later than January 30, 2011.

4. Pursuant to the Child Support Guidelines the defendant shall pay as child support for the two minor children the sum of $156.00 per week until such time as Kyle attains his 18th birthday or the age of 19 if he is still in high school.   Child support shall begin as soon as defendant vacates the home but no later than January 30, 2011.

5. The family home located at 26 Moose Hill Road in Monroe shall be the exclusive property of the plaintiff and she shall be responsible for the payment of the existing mortgage, taxes and insurance effective the date of this judgment.

6. Division of other Assets.

The plaintiff's IBM 401K as well as her Fidelity Rollover (Informix 401K) having a total value of approximately $375,000 shall be divided as follows:  fifty (55%) five percent to the plaintiff and forty-five (45%) percent to the defendant.   The actual values shall be based on the date of this judgment.   Any expense incurred for the division of these assets shall be divided equally by the parties.   The AA-401k plan set forth on defendant's affidavit shall be his exclusively.   The First County checking and savings accounts as well as the two New England Federal Credit Unit accounts set forth in plaintiff's affidavit shall be hers exclusively.   The IBM stock as well as Ameriprise Financial shall be sold and the proceeds divided equally.

7. Airline Pension

While the court has divided the parties' fixed assets the problem relating to a division of defendant's airline pension is a different matter and the division of this asset must stand alone.   In the present case there are significant other assets that have been referred to in this judgment.   The plaintiff shall receive 40% of the accrued benefits when the defendant retires.   The remaining benefit shall belong solely to the defendant.   The retirement benefits earned from defendant's employment by American Airlines shall be limited to the period of the date of its inception to the date of the judgment of dissolution understanding full well that a portion of his pension plan will be earned after the dissolution.

8. Other Property

The proceeds of plaintiff's personal injury claim (now a CD) shall be the exclusive property of the plaintiff as well as any interest in her mother's and grandmother's real estate.

The Honda Ridgeline shall be the exclusive property of the defendant ant the 2004 Chrysler Concorde shall be the property of the plaintiff.

All household furnishings and fixtures have been divided to the parties' mutual satisfaction.

9. Life Insurance

Defendant shall designate the minor children as beneficiaries of his National Life and North Western Life Insurance policies until Lindsey attains the age of 23.   He shall keep said policies in effect until said time.

10. Debts

Each party shall be responsible for their respective debts as set forth in their respective affidavits.

11. Attorney Fees

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

OWENS, J.T.R

Court Exhibit A

TRIAL STIPULATION

The parties hereby agree and stipulate to the following:

1. Custody/Visitation-Joint Legal Custody of the minor children with physical custody to the wife.   Visitation will be liberal and flexible, to include holidays and vacations.

2. Marital Residence-The wife will have exclusive possession of the marital residence.   The wife will be solely responsible for all bills and expenses associated with the marital residence during her exclusive possession.   The husband will vacate the residence on or before January 30, 2011.   Child Support is to begin on the date that the Husband leaves the residence.   Payments by the husband to the wife for child support shall be made on the first day of each calendar month, by direct transfer.

3. The wife shall be free to live within the state of CT, while both children are minors.

4. Marital Residence-The property shall be listed for sale after January 1, 2011, with a real estate broker that has been agreed upon.   The Husband can retain another real estate broker.   The parties will then average the two listing prices.   Any offer within 3% of the listing price will be accepted.   If the house has been listed for 30 days, 60 days and 90 days the parties will discuss the issue of reducing sale price and/or taking the house off the market at those intervals.

6. Alimony-The husband and the wife shall both waive alimony.

7. Education-Court shall retain jurisdiction pursuant to Sect. 46b-56(c) CGS.

8. Personal Property:  Divided by agreement including photos and videos.

9. Life Insurance:  The husband and wife will maintain current levels of life insurance and name each other as sole irrevocable beneficiaries.

10. Medical Insurance:  Each party shall be responsible for their own medical insurance.   The children shall continue to be insured by the wife so long as it is available to her at a reasonable cost.   Unreimbursed medical expenses will be divided per the guidelines.

11. Agreed Upon Activities-The husband and wife will each be responsible for 50% of all costs including camps.

12. Childcare-The cost of childcare will be divided per the child support guidelines.

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