Sarra E. Kennedy v. IV (2011)

MEMORANDUM OF DECISION

The plaintiff, whose birth name was Sarra Elise Allen, and the defendant intermarried in Boston, Massachusetts on February 14, 1998.   There are two minor children issue of the marriage, Mary Grace Agnes Kennedy, born May 19, 2003 and William J. Kennedy, V, born September 19, 2008.   The court has the requisite jurisdiction.   Attorney Sigore Freshman has been appointed as the guardian ad litem and presently serves in that capacity.   The parties are recipients of HUSKY.   The marriage has broken down irretrievably and is dissolved.

This is a marriage of approximately 12 years.   The defendant came into the marriage with an inheritance of approximately one million dollars and the plaintiff had very limited resources.   Unfortunately the defendant has not been able to generate income because of very limited employment.   Both of the parties have spent excessively, well beyond their means, including private school for the children.

It should be noted that both parties are highly educated.   Except for the family home the assets have been substantially depleted.   Both of the children attend private school in Fairfield and their respective schools have provided financial assistance.

The plaintiff's major complaint has been the lack of attention given to the minor children by the father.   Plaintiff also insists, and correctly so, that the parties could agree on very little.   She also claims of his excessive use of profanity.   While the plaintiff is extremely concerned about the well being of the children, she claims that the defendant, who has an abundance of time on his hands, just doesn't seem to do enough.   Other than their difference in style there is no evidence but that the defendant is anything but a caring father.   The plaintiff is obviously not pleased with defendant's inability to generate income.   Defendant, other than his inheritance, has not generated a normal flow of income.   Obviously, the defendant has aptitude, education, sand skills to be gainfully employed.   He is 54 and plaintiff is 53.   Plaintiff has earned approximately $300,000 since the date of the marriage and has contributed same to the household.

The Court finds that neither party is at fault for the breakdown of the marriage.   Despite the fact that they knew each other before the marriage, their personalities simply do not mesh.   Unfortunately the parties have been living under the same roof after their marriage broke down and both have a degree of hostility and anger that, surprisingly, has not seriously affected either of the two children.

Orders

The Court has carefully considered all of the criteria set forth in §§ 46, 81 and 82 of the Connecticut General Statutes in entering its orders.   It has also considered the parties' earning capacities.

1. Custody

The parties shall have joint legal custody of the minor children with physical custody with the mother.

2. Parenting Plan

The children shall be with the father during the following times:

a. Every other weekend from Friday after school (or after school activities) until Sunday evening at 6:00 p.m. when the husband shall return the children to the wife's residence.   If Monday is a school holiday, the husband shall return the children to the wife's residence on Monday at 7:00 p.m.

b. Every Thursday for an overnight, from after school (or after school activities) until 8:30 a.m. or return to school on Friday, or if it is the husband's weekend, Sunday at 6:00 p.m.

c. Every other Tuesday following the mother's weekend, for dinner, from after school (or after school activities) until 7:00 p.m.

Thanksgiving:  In even years, the husband shall have the children for Thanksgiving from Wednesday after school until Sunday at 5:00 p.m. In odd years, the wife shall have the children for Thanksgiving from Wednesday after school until Monday.

Christmas Vacation (currently two weeks):  The Christmas break shall be equally divided between the parties.   In even years, the wife shall have the children for the first half of the break to include Christmas Eve and Christmas Day and the husband shall have the children for the second half, to include New Year's Eve and New Year's Day. In odd years, the husband shall have the first half and the wife shall have the second half of the week.

Spring Vacation (currently two weeks in March):  Each year, the wife shall have the children for the first week of the children's Spring Vacation and the husband shall have the children for the second week of Spring Vacation.

Easter Weekend:  In odd years, the wife shall have the children for Easter weekend, beginning on Good Friday at 10:00 a.m. until Monday.   In even number years, the husband shall have the children from Good Friday at 10:00 a.m. until Sunday at 7:00 p.m.

Summer Vacation:  The father shall be entitled to four non-consecutive weeks with the children each summer during their school vacation.   The husband shall notify the wife of his elected weeks by April 15.

Mother's Day:  If it is not the wife's scheduled weekend, she shall have the children for Mother's Day starting at 8:30 a.m.

Father's Day:  If it is not the husband's scheduled weekend, he shall have the children for Father's Day from 8:30 a.m. until 7:00 p.m.

Children's Birthdays:  The parents shall work together so that each parent has time with the children on his or her birthday.

Neither party shall have more than two consecutive weekends with the children.   If the holiday or vacation schedule falls so that one party has more than two consecutive weekends, the parties shall work together to switch parenting weekends.

The parties shall share decision making with respect to issues of health and education.

In the event there is a conflict between the regular visitation schedule and the holiday and vacation schedules, the holiday or vacation schedule shall prevail.   After holiday and vacation times, the parties shall return to the regular schedule as if there had been no interruption.   To the extent a holiday or vacation schedule disrupts the routine visitations schedule thereby depriving a part of his or her parenting time, compensating time shall be scheduled within a reasonable time, if no immediate adjustment is available.

Each parent acknowledges that a regular and ongoing relationship between the minor children and their other parent is vitally important to the minor children's well being and continued development.   The parents shall exert reasonable effort to maintain free and unhampered contact between the minor children and each of the parents and to foster a feeling of affection between the children and both parents.   Neither party shall do anything that may estrange the minor children from the other party, nor injure the opinion of the minor children as to their mother or father, nor act in such a way as to hamper the free and natural development of their love and respect for the other party.   To that end it is ordered that neither involve the children in any dispute or disagreement between them.   The parties will make every effort to resolve their differences in a non-adversarial manner, employing the use of a mutually agreed to mediator or other mental health professional to assist the parties to resolve their issues.

Each party shall have reasonable access to the children while they are with the other party, including free access by mail, email, and free access by telephone during reasonable hours of the day and evening.

The parties agree that if either has knowledge of any illness or accident or other circumstances seriously affecting the health or welfare of the minor children, the mother or father, as the case may be, will promptly notify the other.

Each of the parties shall furnish to the other copies of any reports from third parties concerning the health, education, or welfare of the minor children.

3. Child Support and Alimony

For child support and alimony purposes the husband's earning capacity shall be $75,000 per year.

A. Child Support:  The husband shall pay the wife child support pursuant to the Child Support Guidelines.

B. Alimony;  The husband shall pay the wife $1,000 per month in alimony during his lifetime, until the wife's death or remarriage, or her cohabitation, pursuant to C.G.S. § 46b–86(b), or December 31, 2021, whichever shall first occur.   The husband shall not receive any alimony.

1. The first payment for alimony and support shall commence seven (7) days from date of judgment.

4. Assets/Liabilities

A. Marital Residence:  The wife shall have exclusive possession of the marital residence located at 175 Godfrey Road, Fairfield (hereinafter “Residence”).

B. The husband shall vacate the Residence within fifteen (15) days of the date of the dissolution of marriage.   The real estate shall immediately be listed for sale by a broker agreed upon by the parties at a listing price of $475,000.   If the parties cannot agree the Court shall appoint a broker based on suggestions from each party.   The listing price and successive prices shall be reduced every 120 days by 5% until the parties have a signed contract.

C. Until such time that the residence is sold:

1. The parties shall equally share the cost of the homeowner's insurance, real property taxes, and sewer taxes until such time that the Residence is sold.   The parties shall also equally share any repairs or improvement greater than $500.

2. The wife shall be solely responsible for the utilities and landscaping associated with the Residence, as well as any repairs or improvements that are less than $500, until such time that the Residence is sold.

3. Upon the sale of Residence, the net proceeds from the sale shall be divided fifty-five (55%) to the wife and forty-five (45%) to the husband.

D. From the remaining assets, in order:

1. The 2010 outstanding tax obligation shall be paid, or if the parties file separate returns, each parties' outstanding tax obligation shall be paid;

2. The Guardian Ad Litem's outstanding legal fees shall be paid;

3. The wife's outstanding legal fees shall be paid with a cap of $6,000.00.

4. The balance of the following assets shall be shared equally;

ASSET TITLE VALUE

Checking Accounts

Chase Bank H $

Schwab (1453) H $2,421

Chase Business (0979) W $2,577

Schwab (4427) W $647

Schwab joint (0680) J $

Savings Accounts

Schwab Joint (0980) J $30,211

Schwab (3644) H $50,763

Schwab (5838) W $4,136

Pay Pal W $292

Future Assets

IRA Roth Schwab (3145) W $135,597

IRA Rollover (3147) W $4,924

IRA Schwab (1027) H $66,735

Lowes Pension Plan H Unknown

Other Assets

Frequent Flyer Miles J Unknown

Total Assets $298,303

5. The Court shall enter a Qualified Domestic Relations Order transferring to the wife a 50% interest in the balance of the husband's Lowes Pension Plan. The parties shall retain Elizabeth McMahon to effectuate the QDRO, and shall equally split the costs associated therewith.

E. The wife shall retain the following assets free and clear of any claim by the husband:

1.  The timeshare located in Lake Buena Vista, Florida;

2.  The cash value of her life insurance policy ($9,102);

3.  The Volvo automobile;

4.  The family dog.

F. The husband shall retain the following assets free and clear of any claim by the wife:

1.  The Beetle automobile;

2.  The Ford Explorer automobile;  and

3.  The RX7 automobile.

5. Extracurricular Activities

The parties shall equally share the cost of the minor children's extracurricular activities.

6. Medical and Dental Insurance

A. The parties shall be responsible for their own medical and dental coverage.

B. The wife shall provide HUSKY medical and dental insurance for the parties' children until each child has attained the age of 26.   The parties shall equally share the unreimbursed medical and dental expenses of the minor children.

7. Educational Expenses

The parties shall not be required to maintain either child in private school.

8. Life Insurance

Within 90 days of the dissolution of marriage, the husband shall obtain and maintain life insurance in the amount of $300,000 for the benefit of the wife for so long as he has an obligation to pay child support.   He shall be the owner of the policy.

9. Taxes

A. If the parties file joint returns for 2010 they shall equally share all tax liabilities or refunds associated therewith.

B. If the parties file separate tax returns for 2010 they shall equally share the 2009 tax credit of approximately $3,000.00.

10. Attorneys Fees

Attorney Freshman's outstanding fees shall be paid as set forth in Paragraph D2 above.   The balance of attorney Freshman's legal fees is $13,779, which the court finds reasonable.   The husband shall be solely responsible for payment of his attorneys fees.

11. Personalty

The parties have divided their personalty.   See “Court Exhibit A” * annexed hereto.

The Court finds that the oil painting referred to as “Hunter and Two Dogs” is the property of plaintiff's mother, despite being in plaintiff's possession for many years.   The Court has not considered its value in entering its judgment and makes no award relating to the oil painting.   It should also be noted that plaintiff's mother is alive and living in Florida in a residence that is very small.

OWENS, J.T.R.

*Editors Note:  Exhibit A has not been reproduced.

Owens, Howard T., J.T.R.