Charles Elbaum v. Susan L. Elbaum (2011)

MEMORANDUM OF DECISION RE DISSOLUTION OF MARRIAGE

After trial from January 19, 2011 to January 21, 2011, the Court finds that it has jurisdiction over the above entitled matter and that both parties have appeared through counsel and were present at trial.   The Court finds that the parties married on January 28, 1990 in Bridgewater, Connecticut.   The State of Connecticut is providing health insurance benefits to the parties and their minor child and the State's interest is hereby protected by statute.   There are two children born of this marriage;  Glenn A. Elbaum, born December 3, 1991 and Robert A. Elbaum born June 15, 1993.   The Court further finds that the marriage between the parties has broken down irretrievably without hope of reconciliation.   The Court hereby orders that the marriage between the parties is hereby dissolved.

Based on the more credible and relevant evidence, after trial, the Court enters the following Orders as part of this dissolution of marriage decree.

1. All personal property between the parties as reflected on the attached Schedule A will be distributed to the defendant-wife.   All other personal property to include household furnishings and collections to include the gun and coin collections, except as listed on the attached Schedule A, will pass to or be retained by the plaintiff-husband.   Any disputes concerning the ownership/distribution of any of these items to the respective parties will be resolved by a Court appointed or agreed to arbitrator.   The naming of a court-appointed arbitrator will be by motion of one of the parties.

2. All individual debts and liabilities on the respective financial affidavits of the parties shall remain the obligation of each party and each will hold the other harmless from any such liability.   All assets and obligations to include taxes and payables relating to a certain business known as E–Z Tell Investments and the so-called candy business will remain the property and the obligation of the defendant-wife.   The business known as CE & SLE, Inc. d/b/a as Carpenter(s) Extraordinare will be transferred to the plaintiff-husband with the cooperation of the defendant-wife or dissolved by the plaintiff-husband and the defendant-wife will be indemnified and held harmless concerning any obligations, liabilities, or debts of said corporation.

3. All other joint credit card debts and accounts will be closed after they are paid in full on an even fifty percent basis.

4. Defendant will retain possession and ownership of the 2001 Astro Van and she will be responsible for any liabilities and expenses associated with same.   All other vehicles will remain the property of the plaintiff and he will be responsible for any liabilities and expenses associated with those vehicles.

5. The plaintiff shall pay the defendant an annual alimony amount of $6,000 dollars until her death, her remarriage or the expiration of six (6) years from the entry of this decree of dissolution.   The plaintiff may seek a reduction in alimony if the wife cohabitates with an unrelated male pursuant to C.G.S. § 46b–86(b).  The term of this alimony award is nonmodifiable.

6. The marital home located at 330 Main Street in Bridgewater, Connecticut will be transferred to the plaintiff-husband by the defendant-wife by quit-claim deed.   The plaintiff-husband will indemnify and hold defendant-wife harmless from all mortgages, debts and expenses relating to said marital home, both past and present.   If plaintiff is unable to refinance the said marital home in the next three (3) years, he shall then sell the subject property, thereby removing the defendant as an obligor under the existing mortgages.

7. The plaintiff-husband shall immediately quit claim his interest in the Adams, Massachusetts properties at Commercial Street and at First and Cherry Street to the defendant-wife.   The defendant-wife shall indemnify and hold the plaintiff-husband harmless from any mortgages, debts or expenses associated with those Massachusetts properties.

8. The Union pension based on his employment with the Union is awarded to the plaintiff as his sole and exclusive property.

9. Defendant wife's child support obligation is to be $21.00 per week in accordance with the child support guidelines.

10. The husband shall have the tax dependency exemption for the minor child until further Court Order.

11. The parties have waived the right to request future contribution for the child's post-secondary educational expenses pursuant to C.G.S. § 46b–56c.

12. The plaintiff presently provides health insurance for the minor child through the Husky Program.   He shall continue such coverage so long as it is available at a reasonable cost.   In the event such coverage becomes unavailable, then both parties are responsible for obtaining health insurance for the child and shall share premium costs equally and each shall pay 50% of all unreimbursed medical costs, to include all medical, dental, orthodontic, psychological and psychiatric costs and expenses within 30 days of husband submitting proper receipts for reimbursement.

13. Each party shall retain all bank accounts, stocks, annuities, and deferred compensation plans in his or her possession free and clear of any claim by the other.

14. Each party shall be responsible for their own attorneys fees and costs.

15. Judgment of dissolution of marriage within the above terms enters accordingly.

BY ORDER OF THE COURT,

Roche, J.

Schedule A to Defendant–Wife

queen size bed with all sheets for it

6 cabinets

1 dining room table & 4 chairs (there is 1 there)

1 ceiling fan (there are 5 left)

5 file cabinets

my computer stuff

my clothes

1 complete bathroom set and 1 extra curtain washer

fire place equipment

lamps (2)

mirror—Hall Mahogany

4 of each plates, glasses, tea cups, silverware

cooking knives (3)

candy boxes

4 pcs Pyrex cookware

couch—Living Room

chair—Kitchen, Red

shelving units

decking materials

window air conditioner

wind chimes

office chair

garbage can

ladders—1–28' extension ladder;  1–8' step ladder;  1–4' step ladder

step stool

2 cats

litter box

photos books

clay pots

white cabinet

one-half (1/2 value of all silver coins [dollars] )

Roche, Vincent E., J.