Darren K. Connolly v. Grace C. Connolly (2011)

MEMORANDUM OF DECISION

This action for dissolution of marriage and other relief was brought to this court on February 9, 2010.   This case was tried to the court on April 26, 2011.

The court listened to and observed the witnesses and reviewed the exhibits.   In addition, the court carefully considered the criteria set forth in the relevant Connecticut General Statutes in reaching the decisions reflected in the orders below.

The court finds the following facts.   The parties were married on December 16, 2003 in Boston, Massachusetts.   One party has resided continuously in the state of Connecticut for at least twelve months prior to the commencement of this action.   The Court has jurisdiction.   One child was born issue of the marriage, who is under the age of eighteen, to wit:

Camila Elizabeth Connolly DOB 9/21/2003

The marriage of the parties has broken down irretrievably.   All statutory stays have expired.

ORDERS

Based on the foregoing, the court orders the following:

1. The marriage of the parties is dissolved on the basis of irretrievable breakdown.

2. The custody of the party's minor child shall be in accordance with the parenting agreement dated April 7, 2011 and addendum dated April 26, 2011 filed with the court.

3. Neither party shall receive alimony from the other.

4. The plaintiff shall pay to the defendant $100 per week as child support, which is a deviation from the child support guidelines which were filed with the court based upon shared custody.   In addition, each party shall be responsible for 50% of the unreimbursed medical, dental, prescriptive, orthodontic, psychological and psychiatric expenses of the minor child and 50% of work-related daycare expenses.

5. Each party shall be responsible for their own debts and hold the other harmless therefrom, except that the defendant shall be responsible for the loan on the 2008 Toyota Highlander

6. Each party shall pay their own attorney fees.

7. Each party shall be responsible for their own health insurance.   The plaintiff shall continue to provide health insurance for the minor child as made available to him by the State of Connecticut or other employer for so long as she is eligible.   The provisions of C.G.S. § 46b–84(e) are incorporated herein.

8. The plaintiff shall retain the 2000 Toyota Tacoma and the defendant shall retain the 2008 Toyota Highlander.

9. Each party shall retain the personal property currently in their own possession except that the defendant shall allow the plaintiff to copy photos of the minor child from the defendant's computer.

10. The plaintiff shall retain his Scott Trade account, ING deferred compensation account, Bank of America accounts and his State of Connecticut pension.   He shall retain his 2010 federal and state income tax refunds.   He shall maintain for his daughter the CHET account and savings account.   The plaintiff shall transfer to the defendant all of his interest in the IRA AM Funds account.

11. The defendant shall retain her USAA Federal Savings Bank account, Pentagon Federal checking account and her Scott Trade account.

12. The plaintiff shall forthwith covey all of his right, title and interest to the property know as 250 Summer Street Unit 31, Southington, Connecticut to the defendant.   The defendant shall be responsible for the mortgage taxes and all costs due thereon and hold the defendant harmless therefrom.   The defendant shall use her best efforts to remove the plaintiff from liability on the mortgage and if she is unable to do so within three years from the date of judgment sell the property.

13. Both parties shall maintain $200,000 in life insurance naming the other as beneficiaries until the child's 23rd birthday.   The parties shall exchange of evidence of such annually.

14. The court shall retain jurisdiction over educational support orders pursuant to C.G.S. § 46b–56c.

15. The parties shall alternate the child as a dependent for state and federal tax purposes, with the plaintiff having even years and the defendant odd years.

16. The parties shall pay their respective balances to the GAL in full by October 1, 2011.   The plaintiff owes $737.16 and the defendant 1377.17.

17. The parties shall share equally the costs of dance lessons and related expenses for the minor child.   The plaintiff shall pay one-half of the 2010–2011 dance expenses in the amount of $588.

Pinkus, J.

PARENTING PLAN

1. CUSTODY

The parties shall share joint legal and shared physical custody of the minor child, Camila C. Connolly, born September 21, 2003.

2. PARENTING SCHEDULE

a.  The parties shall alternate weekends from Friday after school to delivery to school on Monday mornings.   Mother shall have parenting time every Monday through delivery to school on Wednesday mornings;  Father shall have parenting time every Wednesday from after school until return to Mother's residence on Thursdays at 7:00 p.m. During the summer months and weeklong school vacations, father shall have the child overnight on Thursdays.

b. Holidays, Summer and Vacation

The parties contemplate sharing or alternating major holidays and school vacations and will work cooperatively to provide a schedule that is in the best interests of the child and that is along the following:

i) Summer:  Beginning in the summer of 2011, each party shall be entitled to two non-consecutive weeks of summer vacation time.   The specific weeks to be agreed upon by May 15, of each year with Mother to elect in even years;  Father, odd years.

ii) School year vacations:  The parties contemplate following the standard parenting plan during the child's week long school vacations.

iii) Thanksgiving, Christmas Eve, Christmas Day, New Years, and Easter:  The parties shall work out sharing and/or alternating these holidays on a yearly basis.

iv) The child shall be with Mother on Mother's Day;  Father on Father's Day.

v) The parties shall provide reasonable notice to one another of out of state trips with the child, including location and contact information.

c. Miscellaneous

It shall be the intent of the joint custody arrangement to allow each parent to have a full and active role in providing a sound social, economic, educational, religious and moral environment for the child.   To this end, both parents shall consult with each other on all non-emergency matters affecting the health, safety, welfare, religion and education of the child, before such action involving the child is taken.   These matters shall include, but not be limited to, such substantial issues as educational programs, religious upbringing, daycare, camp, extracurricular activities and medical treatment.

Each of the parties agrees that if either has knowledge of any illness or injury or other circumstances affecting the health or welfare of the child, the Father or Mother, as the case may be, will promptly notify the other using all available telephone (home and work and cell) phone numbers.   Messages shall be left on all available answering machines and voice-mail.

Neither parent shall coerce, threaten, harass, intimidate, discourage or in any way deny the child reasonable access to the other parent.   Access shall include, but not be limited to the child telephoning and writing (regular or e-mail) either parent or receiving telephone calls or mail from either parent, in an age appropriate manner.   The parties' access to the child by regular or e-mail and telephone shall be during reasonable hours of the day and evening.

Each party shall be entitled to complete, detailed information from any pediatrician, physician, dentist, therapist, consultant, teacher, guidance counselor, or specialist attending the child for any reason whatsoever and to be furnished with copies of any reports given by any of the aforementioned to the other parent.

Each party shall immediately notify the other by e-mail of any school, athletic, medical, extracurricular or other special event involving the child within 48 hours of receipts of said notice.   It is the intent of the Father and Mother that such notice will facilitate the attendance by both parents at any such special event involving the child, no matter whom the child may be residing with at that time.

In the event that either parent cannot attend a school conference, doctor's appointment or similar event, the non-attending parent shall have full access to the results of said conference and any reports associated therewith.   Both parents shall promptly inform each other and, if requested, have access to copies of any school, field trip, disciplinary or other school-related notices for the minor child.

d. RELOCATION

If either party intends to relocate his or her permanent residence from the town of Southington, he/she be required to provide the other party with 60 days notice.   The purpose of this notice is to afford appropriate time to discuss, mediate (bring to court if discussion and mediation fails) the child's school and any changes to the parenting plan.

e. MEDIATION

In the event that a conflict exists as to any aspect of the parenting plan, including holidays, major decisions that cannot be resolved through mutual discussion, etc., the parties shall first attempt to reconcile their differences through the use of private mediation with Jeff Zimmerman, or other mutually agreed to mediator before returning any such disputes to court.   (Except in the event of an emergency.)   The parties shall equally share any costs for the mediation.   Except in the event of an emergency, the parties further agree to attend a minimum of four (4) hours of private mediation before bringing the matter to court.

Addendum to Parenting Plan

1. Both parties shall notify one another within 48 hours of any permanent change in his/her regular hours of employment.   Said notice shall be in writing or via email.

2. Both parents shall notify one another if the child is not sleeping at father's residence, father's parents' home, or mother's residence and they shall provide the other with address of where the child is staying.

We hereby certify that the above confirms with the agreement of the parties.

Pinkus, Barry C., J.