Jesse Linthicum v. Whitney Linthicum (2011)

MEMORANDUM OF DECISION

The court, after listening to the parties and reviewing all of the evidence, finds that residence requirements have been satisfied and neither party has been the recipient of public assistance.   All pertinent criteria outlined in Chapter 815 of the General Statutes as well as applicable case law were considered by the court in the entry of the following orders.

ORDERS

DISSOLUTION OF MARRIAGE

The marriage is dissolved on the grounds of an irretrievable breakdown.

CUSTODY AND VISITATION

The parenting plan agreement signed by the parties, and made an order of the court on November 29, 2010, was reviewed by the court, found to be in the best interests of the minor children, and is incorporated herein by reference.

CHILD SUPPORT

The Husband shall pay to the Wife child support in the amount of $211.00 per week which is in accordance with the Child Support Guidelines.   Said payment is to be made pursuant to an immediate wage withholding order and shall be registered with Support Enforcement for any future proceedings concerning same.

The court considered the Wife's child support arrearage claim which is subsumed in the orders contained herein.

The parties shall share equally in any unreimbursed medical expenses and any qualifying child care costs.   Before incurring any such costs, the Wife, within a reasonable time, shall furnish the Husband with documentary proof of the costs to be incurred.   This paragraph is a slight deviation from the guidelines and was agreed to by the parties.

EDUCATIONAL SUPPORT ORDER

The court reserves jurisdiction to enter an educational support order pursuant to statute.

LIFE INSURANCE

Each party shall name the minor children beneficiary on any life insurance they may have available to them without cost at their place of employment.

MEDICAL INSURANCE

The Husband shall maintain medical insurance for the minor children as it is available through employment at a reasonable cost and all un-reimbursed expenses are to be shared equally between the parties.   The Husband is to furnish the Wife with all materials, forms, and other information to enable the Wife to process insurance claims.   The Wife is to furnish the Husband with documentation of all expenses incurred.   The provisions of Connecticut General Statutes § 46b–84e shall apply.

REAL ESTATE

The Wife shall promptly quit-claim to the Husband, title to the former marital domicile located at 61 Kendall Circle, Waterbury subject to all obligations concerning same.

He shall save the Wife harmless from any and all claims concerning said expenses.

Within one year from date, time being considered of the essence, he shall cause the Wife's name to be removed from the mortgage.   In the event he is unable or unwilling to do so within the one-year period, the property is to be immediately placed on the market and sold to the buyer with the first reasonable offer.   The court shall retain jurisdiction to effectuate this order.

ALIMONY

No alimony is awarded to either party.

PERSONAL PROPERTY

Each party shall retain the furniture and other personal property in their respective care and control.   Specifically, the Husband shall be entitled to retain the Miter saw, air compressor, skill saw, shop vac, jig saw, sawzall, router, and framing nailer which the Wife represents are not in her possession and she has no knowledge of their whereabouts.

Each party shall retain the vehicles which are currently in their possession and control subject to all outstanding costs concerning same.   The Wife shall transfer to the Husband title to the VW Jetta within 10 from date.

The Husband shall transfer to the Wife his interest in the jointly owned brokerage account.   He shall promptly sign any documentation necessary to effectuate the transfer.

Each party shall retain their own bank accounts.

RETIREMENT ASSETS

The Husband shall retain his Union Pension without claim from the Wife.

The Husband shall transfer to the Wife by rollover, qualified domestic relations order, or other tax free distribution, one-half of the balance in his Annuity account as of the dissolution of marriage date.   In the event a tax free transfer cannot be made, the Wife shall be responsible for any taxes incurred as a result of the transfer.   The court shall retain jurisdiction to effectuate this transfer.

LIABILITIES

Each party shall be solely responsible for the liabilities shown on their financial affidavits.

TAXES

By April 15 of each year, until there is no longer any financial obligation for child support, the parties shall exchange their complete IRS returns in order to determine that the support payment is appropriate under the circumstances then existing.

Tax exemptions and child care credits shall be determined as per federal law.

MISCELLANEOUS

Each party shall sign any necessary documents to effectuate the orders contained herein.

The Wife's birth name, Whitney T. Norris, is restored.

CUTSUMPAS, J.T.R.

Cutsumpas, Lloyd, J.T.R.