Kimberly A. Byrd v. Patrick Byrd (2011)

(Begin excerpt)

THE COURT:  All right.   The Court has heard the testimony of the plaintiff, Mrs. Byrd. The Court's considered the exhibits that have been offered, Plaintiff's 7 and 8.

The Court has reviewed the child support guidelines worksheet, the plaintiff's financial affidavit, the affidavit concerning the minor child, the dissolution of marriage report, the affidavit concerning the military service of the defendant.   The Court notes that the defendant has an appearance in the file.

The Court finds that the plaintiff, Kimberly A. Byrd, and the defendant, Patrick Byrd, intermarried on June 20th, 1998 at Washington, D.C. The Court finds that the plaintiff has resided continuously in this state at least twelve months next preceding the date of the complaint.

The Court finds that one minor child has been born to the plaintiff since the date of the marriage.   Ashley Simone Byrd was the lawful issue of the parties.   Ashley's date of birth is January 1st, 2003.

The Court finds that neither party is receiving public assistance or their maintenance or support from the State of Connecticut or the town in which they live.

The Court has jurisdiction over this matter.

The Court finds that the plaintiff has completed the parenting education program.   Accordingly, the Court issues the following orders.

1. The marriage of the parties is dissolved.

2. Custody.

A. The parties shall remain the joint legal custodians of the minor child.   The child shall primarily reside with the plaintiff.   Each party shall provide a sound moral, social, economic and educational environment for the child.

The parties shall consult and agree with one another regarding substantial questions relating to religious upbringing, educational programs, significant changes in social environment and health care of the child.

In the event that the parties aren't able to-are unable to reach a mutual decision regarding any of the foregoing issues after discussion has been had, then the plaintiff shall be entitled to make the final decision pertaining to such issue.

Discussion shall consist of each party's good faith efforts to address a particular issue with sufficient time to consider the other person's point of view, the ability to consult with third party experts if the issue warrants the same, and taking into consideration the need to timely make a decision for the benefit of their child.

The plaintiff will always have the authority to make a final determination of any of the foregoing issues if she has been unable to reach the defendant and has made effort to contact him without success.

Each party specifically recognizes-strike that.   Neither party shall use this joint custodial arrangement for the purpose of frustrating, denying or controlling the other party in any manner.

B. Parenting Access.   The defendant shall be entitled to reasonable, liberal and flexible parenting time as follows.

1. Up to three weeks during the summer in seven days-in seven-day blocks of time and upon sixty days written notice to the plaintiff of which weeks the defendant intends to take.   Any additional weeks must be agreed to by both parties sixty days in advance.

2. Spring break.   From the release from school for vacation and ending the day before school recommences at 6:00 p.m. in all even-numbered years.

3. December 26th through December 30th.

4. The defendant shall be obligated to notify the plaintiff in writing at least sixty days prior to all visits and provide all flight information, addresses where the child will be staying, and telephone contact information.

If the foregoing information is not supplied in accordance with this paragraph, the visit will not occur.   The defendant shall also be responsible for transportation of the child to and from each destination agreed to by both parties sixty days in advance and all costs associated with such visits.

C. Communication. Each of the parties agrees to-each of the-strike that.   Each of the parties shall keep the other reasonably informed of the whereabouts of the child while the child is with the defendant or with the plaintiff and agree that if either-strike that.   And if either has any knowledge of any illness, accident or other circumstances seriously affecting the health, education, or welfare of the child, the defendant or the plaintiff, as the case may be, will promptly notify the other.

Each party shall keep the other informed of their current residence address, telephone numbers and name of employer.   Neither party shall enter the dwelling or the place of employment of the other party without the consent of the party-of the other party.

In the event of the illness or personal injury of the child, the first party to learn of such illness or injury shall notify the other party immediately and each party shall keep the other reasonably informed of the whereabouts of the child.

In the event of any change in the medical situation of the child, the first party to learn of the same shall notify the other immediately, and each party shall continue to keep the other party reasonably informed of the child's condition.

The parties shall exert every reasonable effort to foster a feeling of love and affection between the child and the parties hereto.   Each parent shall be permitted daily phone contact with the child at a reasonable time during the child's waking hours of 7:00 a.m. until 9:00 p.m. Contact shall not be made between the parties outside of the stated hours unless in the case of an emergency involving the health and/or welfare of the child.

In the event the child will not be staying at their usual residence for any period of time, the period-the parent who has physical care of the child shall make every effort to inform the other parent of the child's whereabouts and telephone number for easily accessed communication.

Each parent should be aware of the location of the minor child and have the ability to contact the minor child if needed.   Neither parent will prevent the child from contacting the other parent or returning the other parent's phone call to the child.   Neither party shall do anything which may estrange the child from the other party or injure the child's opinion as to the child's mother or father, or act in any way as to hamper the free and natural development of the child's love and respect for the other party.

D. Notices. The parties shall be entitled to immediate access from the other party and from third parties to medical, dental, health, and school or educational records.   To that end, the parties shall notify the appropriate authorities regarding the release of such information and, if necessary, shall immediately provide such written authorizations as may be necessary to obtain the release of such information.

3. Child Support

The husband shall pay-the defendant shall pay child support to the wife-to the plaintiff-in the amount of $125 per week in compliance with the child support guidelines-strike that-$126 a week in compliance with the child support guidelines.   The immediate wage withholding order shall continue.

All qualified daycare expenses shall be paid 72 percent by the plaintiff and 28 percent by the defendant.   Qualified daycare shall include the reasonable cost of day camps in the summer to care for the child if the plaintiff is working.

The parties shall equally share the expense of any agreed upon activities or other extracurricular, athletic, music or enrichment activities or events of the minor child, including equipment, clothing, tournament expenses, special fees, recreational fees and associated expenses.   Agreed upon expenses shall be agreed in writing prior to the commencement of the activity.

The parties, as joint legal custodians, may agree, in writing, that their minor child may participate in any activity without agreeing on making payment, thereby allowing one parent to pay for the full expense of such activity.

The payment of any reimbursements under this article shall be made within twenty-one days of delivery of proof of payment or of delivery of proof that payment is due.   If an upcoming expense is known in advance, as soon as-as soon it is available, a copy shall be sent to the other parent.

4. Medical insurance

A.  The child.   The plaintiff shall maintain medical insurance for the child of the marriage as long as she is employed and such insurance remains available at a reasonable cost.

In the event the plaintiff is not employed and if the defendant has obtained employment such that insurance is available to him at a reasonable cost, he shall maintain the same for the benefit of the child.

If neither party has medical insurance, then the parties will cooperate to provide insurance for their child, comparable to the insurance cover-coverage in effect at the time of the dissolution, provided the cost is reasonable and affordable to the parties and any cost of the same shall be paid one-half by each party.

The obligation to provide insurance coverage shall continue until the child attains the age of twenty-three years provided she is qualified for such coverage under the medical plan, the cost is reasonable and the child is-is attending an accredited college or vocational school full time.

After child support is no longer due, the obligation to provide medical insurance may be modified upon motion filed requesting an educational support order pursuant to Connecticut General Statute Section 46b-56c provided the child is eligible for post-majority educational support.

Each party shall notify the other party in writing when the child is no longer eligible for coverage and the date under which the coverage will terminate.

All unreimbursed medical, dental, including orthodontia, psychiatric, psychological, therapeutic, prescriptive, and optical expenses incurred on behalf of the child shall be allocated between the parties with the plaintiff paying 72 percent and the defendant paying 28 percent of such expenses until child support is no longer due.

The payment of any reimbursements under this article shall be made within twenty-one days of delivery of proof of payment or of delivery of proof that payment is due.   If an upcoming expense is known in advance, as soon as it is available, a copy shall be sent to the other parent.

ATTY. GROVER:  Your Honor, just to interrupt.   There's a section here that addresses the statute.   It's stated verbatim, so reference to the statute is I think all that is needed if you're incorporating it, the 46b-84(e).

THE COURT:  All right.   The Court will incorporate the provisions of Connecticut General Statute Section 46b-84 (e).

B. Each party shall be responsible for his or her medical insurance, although neither shall be required to have such coverage.   All unreimbursed medical and dental expenses incurred by the plaintiff shall be her sole responsibility.   All unreimbursed medical and dental expenses incurred by the defendant shall be his responsibility.

5. Alimony

Neither party shall pay alimony to the other.   The Court finds the plaintiff's waiver of alimony was knowingly and voluntarily made.

6. Life insurance

The defendant shall apply for life insurance benefits from at least two separate life insurance carriers.   If he is insurable, he shall be obligated to maintain such insurance naming the plaintiff as trustee for the minor child for such coverage as $500 annually will secure.   He shall provide proof of his applications, any responses, and the actual policy within two weeks of each submission or response.

7. Bank accounts

Each party shall be entitled to the bank accounts in his or her sole name, free and clear of any claim by the other party.

8. Vehicles

The husb-the defendant shall be entitled to the 2003 Infiniti GX35. The plaintiff has been making the payments on the defendant's auto loan and insurance since April 2010, and the defendant shall immediately, reimburse the plaintiff the total amount due as listed on her financial affidavit, and he shall thereafter make all payments associated with his vehicle and hold the wife harmless and indemnified therefrom.

Where is that list?

ATTY. GROVER:  It's on the second page, Your Honor, under 4, Assets H, All Other.   First line item, monies due from husband, $5,937.50.

THE COURT:  All right.   The Court finds that amount to be ten months at $593.75 for a total of $5,937.50.

9. Real estate

The plaintiff is the sole owner of property located at 14004 Albert Way, Gainesville, Virginia with a mortgage against the property, also in her sole name.   She shall retain this property free and clear of any claim by the defendant.

10. Other accounts

The plaintiff shall be entitled to her UBS Employee Stock Purchase Plan free and clear of any claim by the defendant.

Twelve-it should be eleven.   Correct?

ATTY. GROVER:  Oh, yes.

11. Deferred assets

Each party shall be entitled to the deferred assets in his or her sole name free and clear of any claim by the other party.

12. Personal property

Each party shall be entitled to the items currently in his or her possession and control free and clear of any claim by the other party.

13. College education

The Court shall retain jurisdiction pursuant to Connecticut General Statute Section 46b-56c.

14. Debts on financial affidavits

Each party shall be responsible with the debts listed on their respective financial affidavits or in their sole name, as the case may be, and they shall hold the other party harmless and indemnified of the same.

15. Attorneys fees

Plaintiff shall be responsible to pay her own counsel fees connected with this matter.

Are you looking for any arrearage regarding the afterschool care?

ATTY. GROVER:  Yes, Your Honor.

THE COURT:  Ma‘am, and you currently incur $253.50-well, what percentage would that be?

ATTY. GROVER:  How did you calculate?

MRS. BYRD:  Thirty percent.

THE COURT:  Thirty percent?

MRS. BYRD:  Uh-huh.

ATTY. GROVER:  Is that-may I ask a question?   Is that since the date of Judge Axelrod's orders?

MRS. BYRD:  Yes.

THE COURT:  All right.

16. The defendant shall reimburse the plaintiff $250 for the child's afterschool care, which is due and owing pursuant to the orders of the court, Judge Axelrod.   The Court finds that to be the arrearage for the afterschool payments.

As indicated, the Court dissolves the marriage on the grounds of irretrievable breakdown.   An immediate wage withholding shall continue.

Attorney Grover, anything else?

ATTY. GROVER:  Just, Your Honor, how would you prefer the notice to Mr. Byrd to be delivered?   Shall I do it by certified mail, a marshal?

THE CLERK:  I think certified mail is fine.

THE COURT:  I think certified mail would be sufficient.   He has an appearance in the file.

ATTY. GROVER:  All right.

THE COURT:  So I'll order-

THE CLERK:  And if he wants a copy of the judgment himself, he needs to write to the clerk's office and request and pay for it.   All you really need to do is send him notice that (indiscernible).

ATTY. GROVER:  All right.

THE CLERK:  And let him know (indiscernible).

ATTY. GROVER:  And I'll prepare the judgment file and submit it to your clerk for processing, Your Honor.

THE COURT:  Very well.   Anything else?

ATTY. GROVER:  That's it.   Thank you.

THE COURT:  All right.   Good luck, Mrs. Byrd.

MRS. BYRD:  Thank you.

The Honorable Richard M. Marano, Judge

Marano, Richard M., J.