Maria Christina Pirro v. Edward A. Pirro, Jr. (2011)

MEMORANDUM OF DECISION

This is an action for dissolution of marriage and other relief brought to the judicial district of Danbury on December 8, 2009.   Many of the facts that give rise to this action are not in dispute.   The plaintiff, whose birth name is Maria Christina Lodato, and the defendant were married on May 6, 1995 in Stamford, Connecticut.   The plaintiff has resided continuously in the State of Connecticut for at least twelve months next preceding the date that the complaint was filed.   The court has jurisdiction.   The marriage between the parties has broken down irretrievably without any reasonable prospects of reconciliation.   There are two children issue of this marriage, namely, Sophia, born November 7, 1998, and Natalie, born November 23, 2002.   No other children have been born to the plaintiff wife.   The State of Connecticut is providing benefits in the form of HUSKY.   The Office of the Attorney General has filed an appearance in this matter and has submitted proposed orders on May 13, 2010.

The case was tried to this court on January 11, 2011, where the parties appeared and were represented by counsel.   The parties thereafter filed a stipulation dated January 20, 2011.   That stipulation is hereby approved and incorporated into this memorandum of decision.

This court listened to and observed the witnesses and reviewed the exhibits.   In addition, the court has fully considered the criteria set forth in the relevant Connecticut General Statutes, as well as the evidence, applicable case law, demeanor and credibility of the witnesses, and arguments of the parties in reaching the decisions reflected in the orders that issue in this decision.

The court finds the following facts.

As noted, the parties were married in 1995, and it is a first marriage for both parties.

The plaintiff, Maria Pirro, is a forty-five-year-old college graduate with significant health issues.   She is employed in her brother's company as an hourly employee and averages approximately twenty-five hours per week without benefits.   The plaintiff works part-time in order to care for her minor children.   She has been the children's primary caretaker since their birth.

The defendant, Edward Pirro, is a college graduate in good health.   He is currently an unemployed licensed land surveyor who also makes ends meet doing tile, carpentry and landscaping work on the side.   The defendant lost his last job of fifteen years due to the poor economy.

The parties have been separated for approximately one year.   The breakdown of the marriage is due to the fault of the defendant who has been battling substance addiction issues.

The mortgage for the residential home is presently in foreclosure.   The parties have no life insurance and no retirement benefits.

The court finds that both parties took parenting education classes.

This court has considered the provisions of § 46b–62 regarding the issue of alimony, and has considered the provisions of § 46b–81(c) regarding the issue of property division, and has considered the provisions of § 46b–56(c) regarding the issue of educational support orders, and has considered the provisions of § 46b–84 and the child support guidelines regarding the issue of support, and has considered the provisions of § 46b–56 regarding the issues of custody and visitation.

The court enters the following orders.

ORDERS

A. BY WAY OF DISSOLUTION

The marriage between the parties is dissolved and each party is declared to be single and unmarried.

B. BY WAY OF EDUCATIONAL SUPPORT ORDERS

By stipulation of the parties, the court shall retain jurisdiction pursuant to § 46b–56c.

C. BY WAY OF PROPERTY ORDERS

1. The parties are joint owners of real property located at 21 White Birch Road, West Redding, Connecticut and shall remain so.   The wife shall have exclusive possession of the property.   Neither party is ordered to pay any expenses connected with the property.

2. 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.

3. Motor vehicles.   Each party shall be entitled to the vehicle in his or her possession and control, and each shall sign whatever documentation necessary to effectuate a transfer of the same.

4. Personal property.   Each party shall be entitled to the items currently in his or her possession and control, with the exception of the items listed on the attached Schedule A,* which the defendant shall remove from the property no later than three (3) months from the date of dissolution.   If he fails to do so, then the plaintiff may dispose of the same and any cost in such disposal shall be reimbursed to the plaintiff within ten (10) days of the plaintiff presenting proof of cost or payment.

D. BY WAY OF MEDICAL INSURANCE

1. The parties and their children are receiving benefits through the State of Connecticut HUSKY program.   The proposed orders of the State of Connecticut submitted to the court on May 13, 2010, are hereby made orders of the court and are incorporated by reference.

2. All unreimbursed medical, dental (including orthodontia), psychiatric/psychological, therapeutic, prescriptive, and optical expenses incurred on behalf of the children shall be allocated between the parties with the defendant paying fifty (50%) percent and the plaintiff paying fifty (50%) percent.   Payment shall be reimbursed within twenty-one (21) days of delivery of proof of payment or of delivery of proof that payment is due.   The obligation to contribute to unreimbursed expenses shall continue as to both parties until the children reach age eighteen (18) years, but if she is a full-time high school student, it shall continue until she completes the twelfth grade or attains the age of nineteen (19) years, whichever first occurs.

3. Pursuant to § 46b–84(e), (1) the signature of the custodial parent or custodian of the insured dependent shall constitute a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services, to the custodial parent or to the custodian;  (2) neither parent shall prevent or interfere with the timely processing of any insurance reimbursement claim;  and (3) if the parent receiving an insurance reimbursement payment is not the parent or custodian who is paying the bill for the services of the medical provider, the parent receiving such insurance reimbursement payment shall promptly pay to the parent or custodian paying such bill any insurance reimbursement for such services.   For purposes of subdivision (1), the custodial parent or custodian is responsible for providing the insurer with a certified copy of the order of dissolution or other order requiring maintenance of insurance for the child provided if such custodial parent or custodian fails to provide the insurer with a copy of such order, the Commissioner of Social Services may provide the insurer with a copy of such order.   Such insurer may thereafter rely on such order and is not responsible for inquiring as to the legal sufficiency of the order.   The custodial parent or custodian shall be responsible for providing the insurer with a certified copy of any order which materially alters the provision of the original order with respect to the maintenance of insurance for the child.   If presented with an insurance reimbursement claim signed by the custodial parent or custodian, such insurer shall reimburse the provider of the medical services, if payment is to be made to such provider under the policy, or shall otherwise reimburse the custodial parent or custodian.

E. BY WAY OF ALIMONY

1. The defendant shall pay alimony to the plaintiff in the amount of $1 per year until either party dies or the plaintiff remarries.   A contingent wage withholding order shall enter.

2. The provisions of § 46b–86(a) and § 46b–86(b) are applicable.

F. BY WAY OF CHILD SUPPORT

The defendant shall pay child support to the plaintiff in the amount of $117 per week in accordance with the guidelines attached hereto (Schedule B).* *   Payment shall be by way of a contingent wage withholding.

G. BY WAY OF CUSTODY AND VISITATION

1. The parties shall share joint legal custody of the minor children with primary residence with the plaintiff.   The defendant shall be entitled to parenting time with the children alternating weekends and one evening per week for dinner, as agreed upon by the parties.

2. The defendant shall not consume any alcoholic beverage within twenty-four (24) hours of visitation with the minor children.   The plaintiff may deny visitation if she has good faith belief that the defendant is impaired.

H. MISCELLANEOUS ORDERS

1. Except as stated herein, each party shall be responsible for the debts listed on his/her respective financial affidavits.   The Cabela's credit card, which is in the plaintiff's name, shall be paid by the defendant, and he shall hold her harmless and indemnified of the same.   No further charges shall be made on this account.

2. Dependency deductions.   Each party shall be entitled to claim one child for all tax reporting purposes and, when there is only child to be claimed, they shall alternate the same with the plaintiff taking odd numbered years and the defendant taking even numbered years.

3. Attorneys fees.   Each party shall pay his/her own counsel fees connected with this matter.

4. Tax returns.   The plaintiff and defendant have previously filed joint federal and state income tax returns.   Each party shall be jointly liable for any deficiency assessment, penalties or interest with respect to joint tax returns filed except as to adjustments caused by the non-inclusion of income or the improper inclusion of claimed deductions in which case the party so responsible shall be solely responsible.

5. The parties are to exchange copies of their federal and state income tax returns within fifteen (15) days after such returns have been filed for so long as there is an outstanding support order, alimony order, or an educational support order or any arrearage thereto.

Marano, J.

*Editor's Note:  Schedule A has not been included with the reported opinion.

* *Editor's Note:  Schedule B has not been included with the reported opinion.

Marano, Richard M., J.