Debbi Simms v. Larry Simms (2011)

MEMORANDUM OF DECISION

The parties intermarried on September 25, 1999 at Greenwich, Connecticut.   The plaintiff (“wife”) is a lifelong resident of Connecticut, therefore, giving the court jurisdiction over this case.   They have one child issue of this marriage, Daniel, born July 18, 2003.   The evidence clearly indicates the marriage has irretrievably broken down, and judgment may enter dissolving the marriage on that ground.

The wife, 36, graduated high school, attended business school and currently is employed at a law firm as a paralegal.   She has two children from prior relationships.   She indicated no health problems.   She has been balancing all her responsibilities alone since the parties separated in January 2010.

The defendant (“husband”), age 42, also is a high school graduate and attended two years of college.   He also did not complain of any health problems.   He is the father of four other children from prior relationships.   In 2000, he worked briefly for Cablevision.   In 2003, he started his own business, conducting a limousine service known as Rush Hour Limo, LLC. He still operates this business but claims he is not earning any net income because of business expenses and debts.

He keeps no business records and was unable to demonstrate his claims are valid.

The parties have had a rocky marriage, and each must bear some responsibility for its failure.

The court has considered the criteria set forth in the Connecticut General Statutes concerning custody, alimony, child support and property division in reaching the decisions reflected in the orders that follow.

The following orders may enter:

(1) The parties shall share joint legal custody of their minor child.   Physical custody is awarded to the wife.

There is a current parenting plan in effect that was reached by agreement.   If any disputes arise in the future, either party may seek assistance from the court.

(2) The wife shall retain sole ownership of the marital residence subject to the outstanding mortgages.   She shall be solely responsible for the mortgage payments and hold the husband harmless from any liability thereon including any deficiency on any balance due as a result of a sale or foreclosure.

(3) The husband is awarded sole ownership of his interest in his limousine business.   He shall be solely responsible for any debts of the business and hold the wife harmless from any liability therein.   The wife shall sign all documents required to transfer to the husband any interest she may have in the business.

(4) Each party shall retain his/her own assets and be solely responsible for his/her own debts.

(5) No periodic alimony is awarded to either party.   Each is capable of supporting himself/herself.   Also, the property divisions ordered herein was a factor in relieving the husband of any alimony obligation.

(6) The wife is seeking an order of child support, which includes a sharing of the expenses attributed to the child's needs, including day care and health insurance.   This is a reasonable request.   Although she has made a noble effort to show that the husband has some income, she has failed to demonstrate the husband's net income or his earning capacity on which to base an order at this time.

As stated herein, the husband claims no net income, and the wife acknowledged that the husband has been having business problems in the last couple of years.

At this time, the husband is ordered to pay child support in the amount of $5 per week in accordance with the child support guidelines for as long as he is legally responsible.   The wife may seek a modification of this order when she obtains evidence of the husband's income in the future.

(7) The wife's maiden name of Cotterell is ordered restored.

Judgment may enter accordingly.

BY THE COURT

NOVACK, J.T.R.

Novack, Stanley, J.T.R.