Patricia Ligham v. Dwight Ligham (2011)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders:

The parties were married in Branford, Connecticut on May 27, 1995.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other party for the breakdown of the marriage.   Neither party was a recipient of state aid during the pendency of the marriage.   The plaintiff has resided in the State of Connecticut for at least 12 months prior to commencement of the instant action.   The court has jurisdiction.   The plaintiff wife filed for a legal separation, while the defendant husband cross claimed for dissolution.   At trial, the plaintiff did not express any objection to the granting of dissolution of the marriage.

One minor child was born issue of the marriage, Zachary John Ligham, date of birth February 27, 1996.   The parties also legally adopted a second child during the marriage, Rebecca Hong Ligham, date of birth July 20, 2000.   The plaintiff wife is not pregnant.

The plaintiff, Patricia Ligham, hereinafter referred to as “the plaintiff,” is not in good health.   She had two pelvic surgeries, in 2005 and 2009, and needs a third one.   She suffers from severe allergies.   She is 55 years old and is a college graduate and a former certified teacher with her master's degree in education.   She has also worked as a registered nurse at hospice, but currently has significant physical limitations that prevent her from “hands-on” nursing practice.   She is currently unemployed outside of the home.

The defendant, Dwight Ligham, hereinafter referred to as “the defendant,” is a licensed Connecticut physician and a partner in Advanced Diagnostic Pain Treatment Centers, P.C. He is also 55 years old, and is in generally good health.   His gross annual income, according to his most recent financial affidavit is $361,972.00.

The parties' family residence, where the plaintiff and the two minor children currently live, is located at 95 State Street in Guilford, Connecticut.   The current value of that property is stipulated at $523,500.00, and it is encumbered by a mortgage in the amount of $127,000.00.   A limited liability corporation solely held by the defendant owns real estate located at 10 Ives Place in Guilford, Connecticut.   That property is not encumbered by a mortgage.

Pursuant to the parties' agreement of January 8, 2009, they have joint legal custody of the minor children, primary residential custody with the plaintiff mother, with the defendant father exercising parenting time with the children every other Thursday after school until Sunday at 6:30 p.m. He also has dinner with the children from 5:30–7 p.m. each Tuesday.

Both children have been involved with therapy, and Rebecca has indicated that she is uncomfortable with an overnight with her father on a night before school is scheduled.   The defendant father is seeking the resumption of the overnights for his minor daughter upon dissolution of the marriage.   The minor daughter's therapist, Pam Nuchols, and her guardian ad litem, Attorney Susan Nugent, do not recommend overnights for her at this time, while Dr. John Collins, who performed a custody assessment, agrees, but believes that a time should be established for when such overnights will begin for her.   The parties disagree as to the therapist who will continue Zachary's treatment.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn there from, and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders.

1. The parties shall share joint legal custody of the minor children, with the primary residence to be with the plaintiff.   The defendant shall have visitation with Zachary on every other weekend from Friday at 6 p.m. to Sunday at 6 p.m., and on Mondays and Wednesdays from after school until he drops off Zachary at school on Tuesday and Thursday mornings.   The defendant shall have visitation with Rebecca on every other weekend from Friday at 6 p.m. to Sunday at 6 p.m. and on Monday and Wednesday from after school until 7 p.m. on each of those nights, with all visitations taking the children's extra-curricular and academic activities into account.   In addition, the defendant shall have overnight visitation with Rebecca on Monday and Wednesday nights, with the same terms and conditions as the visitations with Zachary detailed above, beginning in November 2011.   The guardian ad litem, Attorney Nugent, will continue to monitor this transition.   The parties shall alternate all major holidays and school vacation periods annually including:  New Year's Eve, New Year's Day, Martin Luther King Day, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, Christmas Eve, and Christmas Day. The defendant shall have three non-consecutive weeks of visitation with the child each summer.   The minor children shall be with their mother on Mother's Day and their father on Father's Day. The parties shall each have parenting time with their children on the children's birthdays and on their own birthdays.   Each parent shall have reasonable telephone access to the child when she is with the other parent.

2. The defendant husband shall pay unallocated support in the amount of $3,480.00 per week for a period of 10 years.   This order is non-modifiable as to duration only.   The order of alimony shall terminate upon the remarriage of the plaintiff, co-habitation of the plaintiff as defined by Connecticut statutes, or death of either party.   If the plaintiff wife remarries or so cohabitates while one or more of the children remain minors, the plaintiff wife shall continue to receive child support pursuant to the Child Support Guidelines applicable at the time of her remarriage or co-habitation.   The defendant's payments pursuant to this order shall be made via immediate wage withholding.   The plaintiff shall declare the minor children as beneficiaries for tax exemption purposes so long as the unallocated payments shall continue.   If and when they are no longer being made, each of the parties shall declare one minor child as a dependent.   If and when only one child remains a minor, the parties shall alternate the years of exemption, with the plaintiff taking the first eligible year and then alternating for each successive year thereafter.   The defendant shall maintain life insurance in the amount of $1 million, listing the plaintiff as sole beneficiary, for so long as he has the unallocated obligation ordered above.

3. The minor son Zachary shall resume therapy with Dr. Stableford, provided that the defendant can work out any compromise he has with Dr. Stableford, and the minor daughter, Rebecca, shall continue her therapy with Pam Nuchols.   The parents and the minor children shall abide by any and all recommendations of the therapists for future treatment.   The guardian ad litem, Attorney Nugent, shall continue to monitor the therapies and will make appropriate recommendations to the court, which will retain jurisdiction, if any compromise with Dr. Stableford cannot be worked out.

4. The defendant shall, within 30 days of the date of judgment, quit claim all of his interest in the marital home located at 95 State Street, Guilford, Connecticut.   The plaintiff shall have exclusive use of the property, and shall be solely responsible for the mortgage, home equity loan, real estate taxes, insurance, all utilities and trash removal and shall hold harmless and indemnify the defendant from any costs expenses, claims or fees related thereto.   The defendant's limited liability corporation will retain sole title and interest in the premises located at 10 Ives Place, Guilford, Connecticut and shall be solely responsible for the taxes, insurance, utilities, trash removal and any and all other expenses and hold harmless and indemnify the plaintiff from any costs, expenses, claims or fees related thereto.

5. The defendant shall, at his sole expense, provide health and/or medical insurance coverage for each of the children until each graduates from college, or each attains the age of 23, whichever shall come first.   The plaintiff shall retain her COBRA rights under the husband's health insurance policy for the maximum period provided by law.   The defendant shall pay 80 percent, and the plaintiff 20 percent, of all unreimbursed medical, day care and extracurricular expenses for the minor children.   The defendant shall also maintain life insurance in the amount of $1 million, naming the plaintiff as sole beneficiary, until such time as his unallocated payment obligations shall cease.

6. The defendant shall, within 60 days of the date of the dissolution, reimburse the plaintiff the sum of $30,510.59, representing the expenses she incurred in renovations to the marital home.   That amount shall be reimbursed to her by a transfer from the Vanguard stocks and bonds account.

7. Each party shall assume, pay and hold harmless and indemnify the other relative to the liabilities delineated on their respective financial affidavits.

8. Each party shall retain title to their respective motor vehicles as listed on their financial affidavits and hold harmless and indemnify the other from any cost, expense, fee or claim related thereto.

9. The defendant shall retain sole ownership of his interest in his medical practice known as Advanced Diagnostic Pain Treatment, free of any claim of the plaintiff.

10. After the reimbursement ordered in Paragraph Six, above is completed, the parties shall divide, 50 percent each, all of the bank accounts and investment accounts listed on their respective financial affidavits.

11. The court will retain jurisdiction pursuant to C.G.S. Sec. 46b–56c for any post-secondary education support orders for the minor children.

12. The defendant shall pay 80 percent and the plaintiff 20 percent of the guardian ad litem's legal bill, which the court finds to be reasonable, within 30 days of the entry of judgment.

13. The defendant shall pay 80 percent and the plaintiff 20 percent of the legal counsel fees other than the guardian ad litem's bill, within 30 days of the entry of judgment.

14. The parties shall divide their personal property, and any disputes regarding that division shall be referred to Family Services for binding arbitration.

15. The marriage is hereby ordered dissolved.

Gould, J.

Gould, Mark T., J.