Joanne L. Schroff v. Kirk A. Schroff (2011)

MEMORANDUM OF DECISION

Plaintiff brought this dissolution of marriage action before the court by writ, summons and complaint dated June 23, 2010, asserting that she had two children born during the marriage and that the defendant is the children's father.   The defendant filed an answer on July 23, 2010.   The parties have reached agreement regarding custody and visitation, but remain at odds over financial issues.   On December 9, 2010, a limited contested trial was held before the court at which the parties represented themselves.

In rendering this decision and making the ensuing orders, the court has carefully considered the statutory criteria in Connecticut General Statutes §§ 46b-81 and 46b-82 regarding the assignment of the marital estate and alimony, respectively, § 46b-84 as to support and medical insurance for the parties' minor children, the case law as it has developed regarding these matters, and other relevant federal and state laws regarding the issues before the court.   The court had the opportunity to observe the demeanor of the parties at the time of trial.

The court makes the following findings:

1) The parties were married on September 21, 1996 in Clinton, Connecticut.

2) The plaintiff resided in the state of Connecticut for more than one year prior to the commencement of the action and the court has jurisdiction.

3) Two children, Justin Schroff and Ashley Schroff, have been born to the wife since the date of the marriage and defendant is the children's father.

4) The plaintiff is not currently pregnant.

5) The family has never received public assistance.

6) The court finds that the allegations of the complaint are proven in truth.   The marriage between the parties has broken down irretrievably.   There is no hope for reconciliation of the parties to their marriage.

The parties' financial situation is bleak, due, at least in part, to defendant's substance abuse issues, which resulted in him recently undergoing inpatient treatment at Stonington Institute.   He claims that he is currently in recovery.   Prior to receiving treatment, defendant lost his job and appears to have dissipated most of the parties' assets and incurred significant debt.

Plaintiff earns a net weekly wage of $476.40 as a residential service manager for persons with developmental disabilities.   Defendant receives net weekly unemployment payments totaling $445.00.   The parties own a home in Westbrook, Connecticut that is currently in foreclosure.   There are essentially no other marital assets and the parties each own their own vehicles.   They have significant debt connected with the house, including an $8,000.00 CL & P bill and $800.00 owing to the water company.   They also owe $3,045.00 in back state taxes and $478.00 in federal taxes.

ORDERS

Based on the foregoing, the court orders the following:

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

2. Plaintiff shall receive alimony, modifiable as to amount, but not as to term, terminable upon the death of either party or upon the plaintiff's remarriage, in the amount of $1.00 per year for a term of twenty (20) years from the date of this order.

3. Defendant shall pay plaintiff child support in the amount of $132.00 per week in accordance with the child support guidelines.

4. Each party shall be responsible for his or her own medical insurance.   Plaintiff shall maintain medical insurance for the minor children so long as it remains available at a reasonable cost through her employer.   Plaintiff shall pay 72% and defendant shall pay 28% of all reasonable and necessary unreimbursed medical expenses in accordance with the child support guidelines.   In the event that plaintiff can no longer maintain health insurance for the children and the defendant continues to be unable to do so, the parties will cooperate in procuring HUSKY coverage for the children.

5. The parties shall each be responsible for their own liabilities and hold each other harmless therefrom, unless otherwise provided in these orders.

6. The court finds that defendant is insurable based on the testimony that he possessed a term life insurance policy in the amount of $160,000.00.   If this policy is still in effect, defendant shall list the minor children as beneficiaries and the plaintiff as trustee.   If this policy has lapsed, plaintiff shall immediately procure such insurance.   This obligation shall cease upon the youngest minor child reaching eighteen (18) years of age or if defendant becomes uninsurable or is unable to procure life insurance at a reasonable cost.

7. Plaintiff shall be the sole owner of the home furnishings, personal effects and jewelry presently in her physical custody.

8. Each party shall sign whatever documents are necessary, and are presented to them by the other party, to effectuate these orders.

9. Plaintiff shall be entitled to take the minor children as tax deductions.

10. The court retains jurisdiction over the minor children's post-secondary education, issues related to the marital residence, and life and health insurance.

11. Plaintiff shall pay 72% and defendant 23% of all reasonable work-related day care costs.

12. The parties shall share joint legal custody of their minor children, the children's primary residence being with the plaintiff.   Defendant shall have access to the children every other weekend from Saturday at 11:00 a.m. until Sunday at 5:00 p.m. and at other times mutually agreeable to the parties.

13. The plaintiff shall be restored to her birth name, Karol.

14. Plaintiff is hereby granted a fifty per cent (50%) interest in the net proceeds of all of defendant's rights of action against third parties existing as of the date of this judgment, including, but not limited to, an action against Fireman's Insurance.

15. Defendant shall immediately quitclaim his interest in the marital residence to plaintiff if and when she requests in writing that he do so.

16. Defendant shall retain sole possession of his 1989 Sea Ray Sundancer and hold plaintiff harmless from any liability attendant thereto.

17. There having been a contested hearing, the financial affidavits are hereby ordered unsealed.

18. Both parties shall complete the Parenting Education Program within ninety (90) days and submit proof of completion to the Clerk's Office.

James W. Abrams, Judge

Abrams, James W., J.