Ellen Kelly v. John Kelly (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 Westport, Connecticut on December 7, 1998.   The marriage has broken down irretrievably, with no hope of reconciliation.   The defendant is at fault for the breakdown of the marriage due to abandonment of the plaintiff.   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.

One minor child was born issue of the marriage, Charlotte Kelly, date of birth December 10, 1999.   The plaintiff wife is not pregnant.

The plaintiff, Ellen C. Kelly, hereinafter referred to as “the plaintiff,” is a breast cancer survivor.   She is 47 years old, and is a college graduate.   She has not worked outside of the home on a full-time basis since the birth of her daughter.

The defendant, John J. Kelly, hereinafter referred to as “the defendant,” is a 54–year–old insurance executive.   He is a college graduate and is in good health.   His gross annual income, according to his most recent financial affidavit, is $155,064.

The parties' marital residence, where the defendant currently resides alone, is located at 28 Spring Hill Lane in Bethel, Connecticut.   It is jointly owned by the two parties.   The current market value of that property is approximately $425,000.00, and it is encumbered by a mortgage in the amount of $372,000.00.   The plaintiff resides with her daughter in a rental property located in Madison, Connecticut.

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

1. The parties shall share joint legal custody of the minor child, in accordance with the parenting plan adopted by the parties on or about January 18, 2011, copy attached hereto as Exhibit A. The court finds the parenting plan to be fair and equitable to the parties, in the best interests of the minor child, and is hereby incorporated by reference into the judgment.

2. The defendant husband shall pay unallocated support in the amount of $5,000.00 per month 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 the child remains a minor, 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 parties shall exchange annual state and federal income tax returns so long as the unallocated payments remain in effect.   The plaintiff shall declare the minor child as a beneficiary for tax exemption purposes so long as the unallocated payments shall continue.   The defendant shall maintain life insurance in the amount of $500,000.00, listing the plaintiff as sole beneficiary, for so long as he has the unallocated obligation ordered above.

3. The marital residence referred to above shall be immediately placed on the real estate market.   The court will retain jurisdiction over all aspects of the sale.   Upon sale of the home, the plaintiff and defendant shall split evenly the proceeds of the sale, after payment of all liens and expenses of the sale.

4. The defendant shall retain his retirement account free from any claim of the plaintiff, and the plaintiff shall retain her bank account, comprised of the assets inherited from her family, free of any claim of the defendant.   Each party shall retain any and all other bank accounts in his or her possession and name, free and clear of any claim(s) by the other party.   Any joint accounts held by the parties shall be closed and the proceeds divided equally between the parties.

5. The parties shall each retain ownership of the automobiles listed on their respective financial affidavits and the defendant shall retain ownership of the jointly-owned boat, with each party solely responsible for all costs and expenses of those vehicles, including the boat, and shall hold harmless and indemnify the other from any and all claims, costs and expenses related to those vehicles, including the boat.   The plaintiff shall transfer title to the boat to the defendant within 30 days of the date of dissolution and the defendant shall, within 30 days after that transfer, refinance the boat loan to eliminate the plaintiff's obligation there under.   Notwithstanding the prior order, the defendant shall hold harmless and indemnify the plaintiff from any financial obligation related to the boat from the date of dissolution.

6. The defendant shall, at his sole expense, provide health and/or medical insurance coverage for the minor child until she graduates from college, or 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 child.

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

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

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

10. Each party is responsible for his or her own attorneys fees incurred in connection with this matter.

11. The marriage is hereby ordered dissolved.

Gould, J.

EXHIBIT A PARENTING PLAN

The parties have one minor child, Charlotte Louise Kelly, born December 10, 1999.   They hereby stipulate and agree to the following Parenting Plan:

1.1 The parties shall have joint legal custody of the minor child, to wit:

1.1.1.  Charlotte Louise Kelly, born December 10, 1999.

The minor child's primary physical residence shall be with the Wife.

1.2 It is the intention of the parties, in agreeing to joint legal custody, that each of them shall continue having a full and active role in providing a sound moral, social, economic and educational environment for the children and each shall inform the other of the children's major social and educational activities and appointments so that they may both participate.   The parents shall consult with one another on those substantial questions relating to religious upbringing, educational programs, significant changes in social environment, and non-emergency health care of the children.   In accepting the broad grant of privileges conferred by this joint custodial arrangement, they specifically recognize that these powers shall not be exercised for the purpose of frustrating, denying or controlling in any manner the life style of the other parent.   The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interest of the child and in amicably resolving such disputes as they may arise.

1.3 Day-to-day decisions of a routine nature, including but not limited to bedtime, homework, emergency health care, and day-to-day school, religious, social and athletic activities customary for children of their age and maturity, shall be made by the parent with whom each child is actually staying.   The parents shall endeavor to cooperate and establish a mutually agreeable policy regarding such day-to-day decisions, but the primary responsibility for the routine decisions shall rest with the parent with whom the child is then staying.

1.4 Each parent shall be entitled to all information from any physician, dentist, consultant or specialist attending the child.   Each parent shall be entitled to all information from any teacher or school giving instruction to a child of this marriage.   The parties agree that they shall furnish each other with any authorization necessary so that each may have full access to such information.

1.5 The Husband shall have reasonable, liberal and flexible parenting time with the minor child, specifically including every other weekend from 5:00 PM on Friday to 5:00 PM on Sunday.

1.6 Holiday Visitation—All holiday visitation shall supersede any ordinary weekly visitation.   Any holiday not specifically mentioned herein shall be shared and shall continue to be shared in a liberal, flexible and reasonable manner.   The parties may from time to time, in writing and signed by both of them, modify the minimum visitation schedule, holiday schedule, summer time visitation schedule and any other visitation as between the children and their parents as contemplated herein.

1.7 Easter (celebrated on Sunday between March 22 and April 25 each year)—The parties shall alternate this holiday.   The Husband shall have the minor child in all odd numbered years, beginning with the year 2011.   The Husband shall have the minor child beginning at 12:00 P.M. on the Saturday immediately preceeding the Sunday holiday of each year that he shall have the Easter holiday.   The Husband shall return the child or children to the Wife on Sunday (the day of the Easter holiday) at 5:00 P.M. on each year that he shall have the Easter holiday.   The Wife shall have the children in all even numbered years, beginning with the year 2012.   The Wife shall have the minor child (if only one child is a minor) or children (while both are minors) beginning at 12:00 P.M. on the Saturday immediately preceding the Sunday Easter holiday of each year that she shall have the Easter holiday.

1.8 Mother's Day (the second Sunday in May each year)—The Wife shall have the minor child each and every Mother's day.   She shall have the minor child beginning at 10:00 A.M. on the day of the Mother's Day holiday.

1.9 Memorial Day (the last Monday in May each year)—The Husband shall have the minor child in all even numbered years, beginning with the year 2012.   The Husband shall have the minor child beginning at 5:00 P.M. on the Friday proceeding the Monday Memorial Day holiday.   The Husband shall have the minor child from Friday through Monday until 5:00 P.M. The Husband shall return the minor child to the Wife on Monday at 5:00 P.M. on each year that he shall have the Monday Memorial Day holiday.   The Wife shall have the minor child in all odd numbered years, beginning with the year 2011.   The Wife shall have the minor child beginning at 5:00 P.M. on the Friday immediately preceding the Monday Memorial Day holiday of each year that she shall have the Monday Memorial Day holiday.

1.10 Father's Day (the third Sunday in June of each year)—The Husband shall have the minor child each and every Father's Day. He shall have the minor child beginning at 10:00 A.M. on the day of the Father's Day holiday.   The Husband shall return the minor child to the Wife on Sunday at 5:00 P.M. on each year that he shall have the Father's Day holiday.   The Father's Day holiday shall supersede the Summer visitation schedule such that the Wife's election for summer time visitation shall not interfere with this Father's day holiday.

1.11 Independence Day (July 4th each year)—The parties shall alternate this holiday.   The Husband shall have the minor child in all odd-numbered years, beginning with the year 2011.   The Husband shall have the minor child beginning at 5:00 P.M. on the day prior to the holiday (July 3rd each year) that he shall have the Independence Day holiday.   The Husband shall return the minor child to the Wife on the next calendar day at 9:30 P.M. (based upon evening fireworks show time) on each year that he shall have the Independence Day holiday, provided, however, if the minor child are scheduled for regularly scheduled day care or school, then the Husband shall transport the minor child (if only one child is a minor) or children (while both are minors) to the appropriate facility in a timely manner on each year that he shall have the Independence Day holiday.   The Wife shall have the minor child in all even numbered years, beginning with the year 2012.   The Wife shall have the minor child beginning at 5:00 P.M. on the day prior to the holiday (July 3rd each year) that she shall have the Independence Day holiday.   The parties may, from time to time, agree in writing to provide each other with a weekend visitation pertaining to this holiday, such that the parent who shall be entitled to the Independence Day holiday may have the minor child from Friday through and including the day of the holiday.

1.12 Halloween (October 31 each year) The parties shall alternate this holiday.   The Husband shall have the minor child in all even numbered years, beginning with the year 2010.   The Husband shall have the minor child beginning at 5:00 P.M. on the day of October 31st each year that he shall have the Halloween holiday.   The Hushand shall return the minor child to the Wife on the same calendar day at or before 9:30 P.M. on each year that he shall have the Halloween holiday.   The Wife shall have the minor child in all odd numbered years, beginning with the year 2011.   The Wife shall have the minor child beginning at 5:00 P.M. on the day of October 31st each year that she shall have the Halloween holiday.   The parties may, from time to time, agree in writing to some alternative holiday arrangement taking into consideration the age, maturity and social calendar of the minor child (if only one child is a minor) or children (while both are minors).

1.13 Thanksgiving Day (the fourth Thursday in November each year)—The Husband shall have the minor child in all odd numbered years, beginning with the year 2011.   The Husband shall have the minor child beginning at 5:00 P.M on the Wednesday proceeding the day of the Thanksgiving Day holiday.   The Husband shall have the minor child from Wednesday until Sunday at 5:00 P.M. The Husband shall return the minor child to the Wife on Sunday at 5:00 P.M. on each year that he shall have the Thanksgiving Day holiday.   The Wife shall have the minor child in all even numbered years, beginning with the year 2010.   The Wife shall have the minor child beginning at 9:00 P.M. on the Wednesday prior to the day of the Thanksgiving Day holiday through Sunday at 5:00 P.M. of each year that she shall have the Thanksgiving Day holiday.   The parties may, from time to time, agree in writing to some alternative holiday arrangement taking into consideration the age, maturity and social calendar of the minor child or children.

1.14 Christmas (December 24 and 25 each year).   In all even numbered calendar years the Husband shall have the minor child beginning with the year 2010 for December 24 (from 9:00 am) to December 25th return to Wife at 12:00 P.M. In all odd numbered calendar years the Wife shall have the minor child from December 24 (from 9:00 am) to December 25th return to Husband at 12:00 P.M. The parties may, from time to time, agree in writing to some alternative holiday arrangement taking into consideration the age, maturity and social calendar of the minor child.

1.15 Summer, winter and spring vacation (break from school, whenever applicable).   The Wife shall have the minor child for the Winter Break in all even-numbered years starting in 2010, starting at the end of school on the last day of school before the Winter Break and ending at 5:00 pm on the evening of the day before school recommences following Winter Break;  the Husband shall have the minor child for the Winter Break in all odd-numbered years starting in 2011, starting at 5:00 pm on the last day of school before the Winter Break and ending at 5:00 pm on the evening of the day before school recommences following the Winter Break.   The Father shall have the minor child for the Spring Break in all odd-numbered years starting in 2011 starting at 5:00 pm on the last day of school before the Spring Break and ending at 9:00 pm on the evening of the day before school recommences following the Spring Break;  the Wife shall have the minor child for the Spring Break in all even-numbered years starting in 2010, starting 5:00 pm on the last day of school before the Spring Break and ending at 5:00 pm on the evening of the day before school recommences following the Spring Break.

The Husband shall have at least two weeks each summer with the minor child, non-consecutive.   The Father shall notify the Mother at least 30 days in advance of the dates he wishes to use for the summer visitation periods.   The parties shall resume such regular weekly/weekend visitation schedule following the winter, spring or summer vacation visitation.

1.16 Child's Birthday—The parties shall alternate the minor child's birthday, with the Husband to have the minor child on her birthday in all odd-numbered years starting in 2011, starting at 10:00 am and ending at 5:00 pm.   The Wife shall have the minor child on her birthday in all even-numbered years starting in 2012 starting at 10:00 am and ending at 5:00 pm.   The parties may, from time to time, agree in writing to some alternative holiday arrangement taking into consideration the age, maturity and social calendar of the minor child.

Gould, Mark T., J.